EMANCIPATION. An act by which a person who was once in the ToVver or under the control of another is rendered free.
This is of importance mainly -in relation to the emancipation of minors from the pa -rental control. See 3 Term 355; 8 id. 479; , Varney v. Young, 11 Vt. 258; Tillotsbn v. .MeCrillis,, id. 477; Haugh, Ketcham & Co. iron Works v. Duncan, Ind. App. 264, 28 N. E. 334; Trapnell v. Conklyn, 37 W. Va. 242, 16 S. E. 570, 38 AM. St. Rep. 30. See Cooper, Justin. 441, 480; Cowperthwaite v. Jones, 2 Dall. (TI. S.) 57, 1 L. Ed. 287; Per riere, Diet. de jurist). Emancipation; MAN 'OMISSION.
An infant husband is entitled to his own wages, so far as necessary for the support 'of himself -and- family, even though he mar ried . without father's consent; Com. V. Graham, 157 Mass. 73, 31- N, E. 706, 16 L. R. A..578, 34 Am. St. Rep. 255. Where children
contract for, collect, and- use their own earn ings, emancipation is to, be inferred; Ger inger v. Heinlein, 29 Wkly. Law Bul. 339 ; and so when they become of age, no other facts being shown ; Baldwin v. Worcester, 66 .Vt. 54, 28 Atl. 633.
The desertion of children by their father emancipates them ; Thompson Ry. Co:, .104 Fed.' 845,, where, in an action by the father as next of kin for' the death of the child, it was- held.that there could be no recovery, as by reason of the emancipation the. father had no right to.the earnings. See also for other authorities note in Wilson .v. McMil: Ian, 62 Ga. .16, 35 Am. Rep. 117; V.odg. Dom. itel.j 467. This prestimption of emancipa tion from desertion has been termed "the Presumption of necessity." Schoul. Dom.. Rel. 267.
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