age

the length of a person's life, with the phrase "because of such individual's age" stating a simple test of causation: "discriminat[ion] .

Years of life; that period of life at which the law allows persons to do acts or discharge functions which, for want of years, they were prohibited from doing or undertaking before. At Common Law. Males, before fourteen, are said not to be of discretion; at that agei they may consent to marriage, and choose a guardian. Twenty-one years is full age for all private purposes, and they may then exercise their rights as citizens by voting for public officers, and are eligible to all offices, unless otherwise provided for in the constitution. Females, at twelve, arrive at years of discretion, and • may consent to marriage; at fourteen, they may choose a guardian; and twenty-one as in males is full age, when they may exercise all the rights which be-

The length of time a person has lived. Full age or majority is the age at which the law allows persons to do acts or discharge functions which for want of years they were prohibited from doing or undertaking before. As to the age of consent in prosecution for rape, see Rape, as to the age of responsibility see Infant, and see also Parent and Child. In the United States, at twenty-five, a man may be elected a representative in congress; at thirty, a senator; and at thirty-five, he may be chosen president. He is liable to serve in the militia from eighteen to fortyfive inclusive, unless exempted for some particular reason. In England no one can be chosen member of parliament till he has attained twenty-one years; nor be ordained a priest under the age of twenty-four; nor made a bishop till he has completed his thirtieth year. The age of serving in the militia is from sixteen to forty-five years. The law, according to Blackstone, recognizes no minority in the heir to the throne. See 1 Bla. Com. 224, note, and 2 id. 208, note, where this appears to result from the charter under which the king's oldest son becomes Duke of Cornwall by inheritance. In French Law. A person must have attained the age of forty to be a member of the legislative body; twenty-five, to be a judge of a tribunal de premiere instance; twenty-seven, to be its' president, or to be judge or clerk of a cour royale; thirty, to be its president or procureur-general; twentyfive, to be a justice of the peace; thirty, to be Judge of a tribunal of commerce, and thirtyfive, to be its president; twenty-five, to be a notary public; twenty-one, to be a testamentary witness; thirty, to be a juror. At sixteen, a minor may devise one-half of his property as if he were a major. A male cannot contract marriage till after the eighteenth capable to perform all the acts of civil life; Touillier, Droit Civ. liv. 1, Intr. n. 188. In Roman Law. Infancy (infantia) extended to the age of seven; the period of childhood (pueritia) which extended from seven to fourteen, was divided into two periods; the first, extending from seven to ten and a half, was called the period nearest childhood (wtas infantia; proxima); the other, from ten and a half to fourteen, the period nearest puberty (wtas pubertati proxima); puberty (pubertas) extended from fourteen to eighteen; full puberty extended from eighteen to twenty-five; at twenty-five, the person was major. See Taylor, Civ. Law 254; Lecon El. du Droit Civ. 22. A witness may prove his own age; Cheever v. Congdon, 34 Mich. 296; State v. Mc Clain, 49 Kan. 730, 31 Pac. 790; Morrel v. Morgan, 65 Cal. 575, 4 Pac. 5S0; State v. Best, 108 N. C. 747, 12 S. E. 907; Hill v. Eldridge, 126 Mass. 234; without giving his sources of information except on cross-examination; Central R. R. v. Coggin, 73 Ga. 689; even if the parent from whom it is admitted that the knowledge was derived is present; Loose v. State, 120 Wis. 115, 97 N. W. 526; or is living in the county where suit is brought; Pearce v. Kyzer, 84 Tenn. (16 Lea) 521, 57 Am. Rep. 240; but when the statement was made to a teacher for entry on school registry, that record is not admissible; Simpson v. State, 46 Tex. Cr. R. 551, 81 S. W. 320. The date of one's birth may be proved by himself or members of his family; Houlton v. Manteuffel, 51 Minn. 185, 53 N. W. 541; Chicago & A. R. Co. v. Lewandowski, 190 111. 301, 60 N. E. 497; but not when the knowledge is acquired from another person, the witness being an orphan; People v. Colbath, 141 Mich. 189, 104 N. W. 633. One's own statement of his age has been said to be the best evidence; Morrison v. Emsley, 53 Mich. 564, 19 N. W. 187. In a trial for rape of a female under sixteen years, her testimony as to her age was held competent; Com. v. Phillips, 162 Mass. 504, 39 N. E. 109; but a conviction for seduction under the age of eighteen could not be maintained when the oral evidence of the girl was contradicted by the church record of her birth on which she had stated her evidence was based; State v. Cougot, 121 Mo. 458, 26 S. W. 566. A statement in a will that testator's daughter was born on a certain day is admissible; 3 To. & Coll. Ex. 82; and in 2 R. & Myl. 169, a person's age was proved by the declarations of a deceased relative. The federal census returns have been held admissible on the question of age; Priddy v. Boice, 201 Mo. 309, 99 S. W. 1055, 9 L. R. A. (N. S.) 718, 119 Am. St. Rep. 762, 9 Ann. Cas. 874; contra, Campbell v. Everhart, 139 N. C. 503, 52 S. E. 201; see Wigm. Ev. 1671; his hook and then stating particulars from recollection has been admitted; Battles v. Tallman, 96 Ala. 403, 11 South. 247: but a school census is inadmissible to prove age for any other than school purposes; Edwards v. Logan, 114 Ky. 312, 70 S. W. 852, 75 S. W. 257. There is no presumption of law that at any age a woman is past the age of child bearing, hut courts have recognized a presumption of fact as to a married woman of l'.)::, years who had never home a child; L. R. 14 Eq. 215; widow of 55%; L. R. 11 Eq. 408; a spinster of 53; 35 L. J. C'h. 303; and the presumption was refused in the case of a woman of 54%, married three years, who had never had a child: 9 Ch. D. 3SS. But in List v. Rodney, 83 Pa. 48::, it was held that (quoting 2 Bla. Corn. 125) "a possihility of issue is always supposed to exist in law... even though the donees be each of them one hundred years old." and that the law would not consider the physical impossihility of a woman's hearing children after she was seventy-five years old.

Signifies those periods in the lives of persons of both sexes which enable them to do certain acts which, before they had arrived at those periods, they were prohibited from doing. The length of time during which a person has lived or a thing has existed. In the old books, "age" is commonly used to signify "full age;" that is, the age of twenty-one years. Litt. § 259.

— Legal age. The age at which the person acquires full capacity to make his own contracts and deeds and transact business generally (age of majority) or to enter into some particular contract or relation, as, the "legal age of consent" to marriage. See Capwell v. Cap-well, 21 R. I. 101, 41 Atl. 1005, Montoya de Antonio v. Miller, 7 N. M. 289, 34 Pac. 40, 21 L. R. A. 699.

awe, aive, I fr. Water.

Awe, Aive. L. Fr. Water. Kelham,

A period in life at which a person may do an act which, before that time, he could not do; "of age." The period at which one attains full personal rights and capacity. The time of life when a particular power or capacity becomes vested; as, in the phrases age of consent, age of discretion, qq. v.^ Full age. Twenty-one; majority. Attained the day preceding the anniversary of birth. Considered as arbitrarily fixed, but very generally adopted.' An infant is liable, as for deceit, for an injury re- 1 Hawley v. Kenoyer, 1 Wash. T. 611 (1879). ' People V. Husted, 52 Mich. 624 (1884). s Dudley v. Steele, 71 Ala. 426 (1882). • Declez v. Save, 71 Cal. 553 (1887); 40 id. 545; 4 Bosw. 202. ulting from hia f ra\idulent representation that be is 'f full ageiji See Acknowledomeht, 2; Mutual, 1. Lawful age. The period in life when a jersou may do a particular act, or serve in a;iven relation. Non-age. Under the age at which the aw has conferred ability to perform an act; ninority. At common law a male at twelve may take the lath of allegiance; at fourteen choose a guardian, -nd, if his discretion be proved, make a will of person-.Ity; at seventeen be an executor; at twenty-one is.t his own disposal, may alien his property and make,11 contracts. A female, by the common law, may, at even, be -betrothed or given in marriage; at nine is ntitled to dower; at twelve is of years of maturity, aay consent to marriage, and, if proved to Iiave sufifi-;ient discretion, may bequeath her personalty; at ourteen is of years of legal discretion, and may ihoose a guardian; at seventeen be an executrix; at wenty-one dispose of herself and her lands.^ A male f I'om eighteen to forty -five is liable to miliary service; at twenty-five is ehgible as a Representative, at thii'ty as a Senator, and at thirty-five as 'resident. See Adult; Infant; Influence; Insanity; Sedco- 'IOn; When.

Capacity of legal man, after seven he sciously guilty; after twelve, he take defendant has good ground of defence. Af Bfealty. ' It belongs, it behooves. Affiletur: let it be filed. of determining a man to be the father of he is forced to maintain it. by marriage. Affinis mei afi Snis non est related by marriage to one related to me by to me. Relation by marriage. affirms; used in place of deponent (one no oath is taken. incumbit probatio. The proof lies not the one denying. To affirm; confirm; ratify; assert; evidence not under oath. Affirmance: voidable act or contract by the party who is given without oath. To af Force; to add; to increase; to the assize: to obtain a verdict by addtwelve of the jury agreed; or, later, by food and drink. To make land into a forest; v. Forest. affranchise; to make free. between two or more persons, to the terror be a blow or stroke given or offered, or a must be in a public place, thus differing from unpremeditated, thus differing from a riot. Affreightment. The contract for the use crop of grass; the right to such crop. wait. Gistenagait: he lies in wait. Agarder: to award, to condemn. action depends partly on age. Thus, of a may be capitally punished if proved confourteen, youth is no defence; after the oath of allegiance after fourteen, he property; at twenty-one, he is of full age for all purposes. So a woman is dowable at nine; may consent to marriage, or make a will of personal property, at twelve; is of full age at twenty-one. These periods vary in civil and statute law. Age prier,/r.. Age-prayer. A suggestion of non-age, made in a real action to which an infant is a party, with a request that the proceedings be stayed until the infant comes of age. This was called the plea of parol demurrer.

Awe,Aive. L.Fr. Water. Kelham.