statute. If the civil law governs, at seventeen they may make a will of personal property. An infant, being a joint tenant, may make partition An infant mortgagee may satisfy a mortgage, upon its being paid. An infant may set off the widow's dower. An infant trustee may give a discharge for money paid. At common law, a female may be betrothed or given in marriage at the age of seven. At nine, she is entitled to dower. At twelve, she may consent or disagree to marriage. At seventeen, she may act as executrix. At twelve, she may elect a guardian. If an infant make a will at the age prescribed by statute, and in his will direct that his debts for other things thar necessaries shall be paid, his executor is a trustee for the payment of such debts. These debts so directed to be paid are considered as legacies to his creditors.

9. If an infant make a contract, and promise to fulfil it after he arrives at full age, he is bound by his promise. A suit is brought against him on the original contract, and if he put in a plea of infancy, the force of this plea is avoided by setting up the new promise. If the original contract were void, no new promise will render it valid. The lawful contracts of infants are voidable, but not absolutely void. No person but the infant himself can take advantage of the privileges of his infancy. If the infant after he becomes of age promise to pay one-half of the debt, he is bound only to the extent of his promise. In contracts between infants and adults, if the contract be void, neither party is bound by it, but if it be voidable

personal property? What is the time fixed, if the civil law governs t If the infant be a joint tenant? If he be a mortgagee? If a widow is entitled to dower out of his estate? If he be a trustee? At what age at common law may a female be betrothed? At what age is she entitled to dower? At what age may she dissent or consent to marriage? At what age may she select a guardian? At what age may she act as executrix? If an infant make a will, and direct that his debts shall be paid? How are these debts considered?

9. If an infant make a new promise to pay a debt after he arrives at full age? How is the suit brought on such a contract? If the original contract were void? Are the lawful contracts of infants absolutely void? Who only can take advantage of the infant's privilege to avoid his contract? If the infant, after he becomes of age, promise to pay a part of

only on the part of the infant, the adult is bound by it, unless the infant choose to avoid it.

10. When infants are of such tender age that they can have no regular exercise of will, they cannot commit any crime. Infants who have not arrived at the age of seven years cannot be punished as criminals. They are presumed, in contemplation of law, to be incapable of resolving to commit crime. When they have arrived at the age of fourteen, they are presumed to be as capable of committing crimes as adults. The period between these ages is an uncertain period. The presumption is in favor of the infant, and the burden of proof rests with the prosecution. When an infant has committed a tort, he is liable in a civil action at any age. A tort is an injury to person or property. In such case the intention is not regarded. A person of unsound mind is as liable to make compensation for damages as a person of sound mind.

11. Children are legitimate or illegitimate. Marriage is considered by all civilized nations as the only source of legitimacy. The qualities of husband and wife must be possessed by the parents, to make the offspring legitimate. The marriage must also be lawful; for if it is void ab initio, as where a former marriage still exists, the children are illegitimate. Marriage and cohabitation of parents raises a conclusive presumption of legitimacy; and this presumption can only be rebutted by showing circumstances which render it impossible that the husband should

the debt? If a contract between an infant and an adult be void? If voidable only?

10. What infants cannot commit crime? Before what age are they presumed to be incapable of committing crime? At what age are they presumed to be as capable of committing crime as adults? What period is an uncertain period? In whose favor is the presumption of law? On whom is the burden of proof to show that the infant is capable between seven and fourteen? When an infant has committed a tort? What is a tort? Is the intention regarded in such case? Is a person of unsound mind liable for a tort?

11. Into what two classes does the law divide children? What is the only source of legitimacy? What qualities must the parents possess to make the child legitimate? If the marriage was void ab initio? What raises a conclusive presumption of legitimacy? How only can this pre

be the father, as impotency and the like. A legitimate child is one born in lawful wedlock, or within forty weeks after the marriage has been dissolved by the death of the husband. An illegitimate child is one not born in lawful wedlock, or within forty weeks after the marriage has been dissolved by the death of the husband. A child may be born in lawful wedlock and yet be illegitimate; as when the husband has been absent from his family for more than forty weeks before the birth of the child, or any other circumstance which would render it impossible for the husband to become the father. If the widow marries immediately after the death of her husband, and has a child born so that by the period of gestation it might be the child of either husband, evidence may be produced to show which of them was probably the father.

12. An illegitimate child cannot inherit, at common law. He is said to be filius nullius, and to have no inheritable blood. The law is the same where the father acknowledges him to be his son, or intermarries with the mother, after the birth of the child. By the statutes of New York, the illegitimate child may inherit from its mother, but not from the father; and the mother may inherit from the child, but not the father. By the civil code of Louisiana, a child born out of lawful wedlock (except he be born of incestuous or adulterous connections) may be legitimated by the subsequent marriage of the father and mother, and a legal acknowledgment of him for their child. A subsequent marriage in many of the other States legitimates the child born before marriage.

sumption be rebutted? How is a legitimate child defined? Who are legitimate? What children born in lawful wedlock are illegitimate i If a widow marry immediately after the death of her husband, and have a child born so that, by the period of gestation, it might be the child of either husband?

12. Can an illegitimate child inherit, at common law? What is he maid to be? If the father acknowledges him to be his son, or afterwards Intermarries with the mother? What is the statute law on this subject in New York? What is provided in the civil code of Louisiana? What the effect of a subsequent marriage in many of the States?

13. The infant can acquire property independent of his father in any way, except by his services. The father is entitled to the services of the infant, and to all that such child earns by his labor. He has the same right in this respect that the master has to the services of his apprentice. The father is entitled to an action for loss of scrvices when his minor child has been enticed away, or when he has been beaten. The father is entitled to an action for loss of services when his daughter, being a minor, has been allured from virtue. The loss of services. is not the rule of damages in this case. The real ground for damages is the disgrace to the family. Often when the least service is performed, the highest damages are given. It is wholly immaterial whether the daughter be a minor or not, if she live with her father. In case of a minor, it is immaterial whether she live with her father or not. If she be at school abroad, she is his servant. He has a right to her services, and can recall her when he pleases. When the father is deceased, this action may be maintained by the mother, or by any one who stands in loco parentis. Mothers, during coverture, exercise authority over their children, but in a legal point of view they are considered as the agents of their husbands. After the death of the husband they have authority.

14. An infant before its birth is considered, in many instances, as in being, as much so as one that is born. A child born after the death of the father is entitled to a distributive share of the father's estate, as much as one who was born before his death. When waste is being

13. How can an infant acquire property? To what is the father ontitled? If a minor child has been enticed away from home or beaten, to what is the father entitled? To what action is the father entitled if his daughter is allured from the path of virtue? What is the real ground for damages? Is it necessary that the daughter be a minor if she live with her father as his servant? In case she is a minor, is it necessary for her to live with her father to give him this right of action? If the daughter be at school? If the father is deceased, in whom is this right of action? How are mothers considered in exercising authority over their children?

14. When is an infant considered as in being? To what is a child

committed upon an estate of a child before its birth, the court of chancery will grant an injunction on a bill filed in favor of such infant.

CHAPTER XLIII.

SUPPORT OF THE POOR.

1. THE father, mother, or children (if of sufficient abılity) of any poor person who is unable to work to maintain himself, are obliged, at their own charge, to maintain such poor person, in most of the States. Every poor person who is unable to work to maintain himself must be maintained by the town or county in which he may be, if he have no father, mother, or children of sufficient ability to support him. If he has not gained a settlement in the county in which he has become poor or sick, he must be supported at the expense of the county.

2. The laws of England and of the several States are similar in most points in reference to gaining a settlement in any town or county. Proof of the place of birth is prima facie proof of settlement. All legitimate children are settled in the town or county in which their parents reside, until they get a settlement for themselves. When a woman marries a man settled in another town, her set

born after the death of his father entitled? If waste is committed upon an estate of a child before its birth?

1. If a poor person who is unable to work to maintain himself has a father, mother, or child of sufficient ability to support him, what are they obliged to do? If such poor person have no such father, mother, or child, by whom is he to be supported? If he has not gained a resi dence in any town in the county, by whom is he to be supported?

2. What laws are similar in most points in reference to gaining a settlement in any town or county? What is prima facie proof of settlement? Where are all legitimate children settled, until they get a settlement of their own? When a woman marries a man settled in another