prosecutions for treason they may be witnesses for or against each other. In case of a forcible marriage, the wife may be a witness against the husband, for such marriage is void.

12. The husband may do any act in defence of the wife which the wife could do in her own defence. So may the wife do any thing in defence of her husband which her husband could do in his own defence. When an attempt is made forcibly to ravish a woman, she may kill the ravisher in defence of her chastity. Her husband has the same right, and in both it is justifiable homicide. When a man finds another in the act of adultery with his wife, he is not justified if he kill him.

13. All well-regulated governments require the contract between the sexes to marry to be duly celebrated; and until there has been a celebration of the marriage, there is not, in point of law, a husband possessed of any marital rights, or a wife who is entitled to the privileges of a wife. It is a mere civil contract, to be celebrated in such manner as the Legislature shall direct. By the provisions of the common law, marriage, although celebrated by a person not qualified by law, or in a manner forbidden by law, is valid. The conduct of the person celebrating the marriage has rendered him liable to the penalties of the law; but this is not a good reason for impeaching the validity of the marriage. The provisions of the common law are in force, unless altered by the statute law of the State in which the parties reside.

12. What may the husband do in defence of his wife, and the wife in defence of her husband?

13. What do all well-regulated governments require? What does not exist until there has been a celebration of the marriage? How is it to be celebrated? What is the effect if it be celebrated by a person not authorized, or in a manner forbidden by law? To what is such person liable? Is this any reason for impeaching the validity of the marriage? Where are these provisions of the common law in force?

CHAPTER XLII.

INFANTS.

1. ALL persons under the age of twenty-one years are infants. The sex, at common law, makes no difference. A woman is, therefore, an infant until she has attained the age of twenty-one years. It is the duty of the parents to support their infant children. This duty is founded on the law of nature. Whoever has been the instrument of giving life to a being incapable of supporting itself, is bound to support such being during such incapacity. When such incapacity ceases, the obligation is at an end. To prevent uncertainty on this subject, the law has fixed the time of infancy or minority. It is, then, the absolute duty of the parent to maintain his child until he is twentyone years of age. During the period of infancy, the parent can never discharge himself from his obligation to support the child, by showing that the child was able to support himself; but he may be discharged by showing his own inability to support the child. If the child is unable to maintain himself at the age of twenty-one and upwards, the parent is still liable for his support; but the parent may discharge himself from all liability by showthat such child is able to support himself.

2. It is also the duty of children to support their par ents, if they are unable to support themselves. All chil

1. Who are infants? What is the duty of parents to their infant children? Upon what is this duty founded? How long are they bound to support their children? When their incapacity ceases? At what age does infancy cease? How can the parent discharge himself from his obligation to support his infant child? If the child is unable to support himself at the age of twenty-one and upwards? How may the parent discharge himself from all liability after the child is twenty-one? 2. When is it the duty of children to support their parents? When a man marries a wife having children, what obligations does he assume?

dren, both male and female, are bound to support their parents if they have the ability. When a man marries a wife having children, the husband takes upon him during coverture the obligations belonging to the wife. If she were able to maintain her children when he married her, he is bound to maintain them; but if she were not able, he is not bound.

3. The parent has a right to govern his minor child, and to correct him. The exercise of this power must, in a great measure, be left to the discretion of the parent. The parent is bound to correct the child, so as to prevent him from becoming the victim of vicious habits. But he may chastise the child to such a degree as to render himself liable to an action. The child has rights which the law will protect. The true ground on which the question of excessive punishment rests is this: The parent should be considered as acting in a judicial capacity when he corrects his child, and should not be held liable for errors of judgment. Although the punishment should appear to a jury to be unreasonable, and exceeding the offence, yet if it should also appear that the parent acts conscientiously, and from motives of duty, no verdict ought to be found against him. But when the punishment, in their opinion, is unreasonable, and the parent acted with evil motives, the verdict should be against him. For error of judgment he ought to be excused, but for malice of heart he should not be shielded from the just claims of the child.

4. Malice may be inferred from the circumstances attending the punishment. The instrument used, the time when, the place where, the temper exhibited at the time,

3. What control has the parent over his minor children? To what must this power in a great measure be left? Why is the parent bound to correct the child? Can the parent chastise the child so severely as to render himself liable to an action? In what capacity should the parent be considered as acting in correcting his child? In an action against the parent for excessive punishment, when should the verdict of the jury be for the parent, and when against him? For what should he be excused? For what should he not be shielded?

4. From what may malice be inferred?

What may be proved to show

may be proved, to show the motives which influenced the parent. These rules are equally applicable to the cases of school teachers, or to any one acting in the place of a parent.

5. Infants are not generally bound by their contracts. They are, however, in many instances, bound by their contracts for necessaries. The articles deemed necessaries are-food, necessary clothing, washing, medical attendance, and instruction. An infant is not bound by his contract for these articles, unless they are necessary for him in his peculiar circumstances, and cannot be furnished by his parent or guardian. When an infant lives with his parent, master, or guardian, and their care and protection is duly exercised, the infant is not bound by his contract for necessaries. If the infant is beyond their protection, or it is not duly exercised, he is bound by such. contract. If the infant lives with his parent, or lives abroad, and his parent supplies him with necessaries, he is not bound by any contract he makes.

6. If the infant be beyond the care and protection of the parent, or if that care and protection be withheld, as where the infant is not properly clothed to protect him from the inclemency of the weather, or is not allowed sufficient food, or the food is of a bad quality, and these articles are furnished, the infant is bound to pay for them, or the parent may be compelled to pay for them. It was the duty of the parent to furnish such articles for his child; and if he did not, and they were furnished by another, the parent received the benefit. The articles fur

the motives which influenced the parent? To what other persons are these rules applicable?

5. Are infants generally bound on their contracts? On what contracts are they in many instances bound? What articles are deemed necessaries? When is he not bound on his contracts for these articles? When is he bound? When is the infant not bound by any contract he makes?

6. When may the infant or the parent be compelled to pay for neces saries furnished to the infant? What was the duty of the parent? If provided by another, who received the benefit? To whose use, in viow of the law, are these articles furnished? What does the law imply?

nished to the infant, in view of the law, came to the parent's use, and the law implies a promise from the parent to pay for the same.

7. The infant is bound only for the value of the articles to him, and not to the extent of his contract. If an infant purchase cloth, proper for him in all respects, the ordinary price of which is two dollars, and agree to give three for it, he will be liable only for the ordinary price. If the infant purchase clothing improper for his rank in society, and agree to pay no more than the actual value, he would be bound to pay no more than for clothing suitable for him. An infant is not bound for borrowed money, unless it is actually expended in necessaries. The infant is not bound by any contract, the consideration of which cannot, by the rules of law, be inquired into, even when given for necessaries. The infant is not bound by his contract for any other necessaries than those heretofore mentioned. If the infant be a farmer, and he should purchase a yoke of oxen, although necessary to carry on his farm, yet he would not be bound by such contract. If a male infant marry, he is liable for necessaries for his wife and his children. He is also, at common law, liable for the debts of his wife which existed at the time of marriage.

8. An infant may make a valid marriage contract at such age as may be fixed by statute. If the common law is to govern, a male infant at fourteen and a female at twelve may make such contract. An infant may make a will of personal property at such age as may be fixed by

7. To what extent is the infant bound for articles furnished to him? If the infant agree to pay three dollars per yard for cloth suitable for him in all respects, the ordinary price of which is only two dollars, for what price will he be liable? If the infant purchase clothing improper for his rank, and agree to pay no more than the actual value, what only would he be bound to pay? When is an infant bound on his contract for borrowed money? On what contracts for necessaries is the infant not bound? For what necessaries only is the infant bound? If the infant be a farmer, and purchase a yoke of oxen? If a male infant marry, for what is he liable?

8. When may an infant make a valid marriage contract? What is the time fixed by common law? When may an infant make a will of