Infant

At common law, one of either sex under the age of twenty-one years. Co. Litt. 171. By statute, the age at which females reach their majority has been lowered in some states. See "Age." INFANTIA (Lat. from infans).

In the civil law. The age from birth till the completion of seven years. 4 Bl. Comm. 22; CalV. Lex.; Heinec. Elem. Jur. Civ. lib. 1, tit. 21, § 247.

A person not of full age; a person under the age of legal capacity; a minor.

A person within age, not of age, or not of full age; a person under the age of twenty-one years; a minor. Co. Litt. 1716; 1 Bl. Comm, 463-466; 2 Kent, Comm. 20d,

A person under twenty-one.

persons, is one under the age of twenty-one years. Co. Litt. 171. But he is reputed to be twenty-one yéars old, or of full age, the first instant of the last day of the twenty-first year next before the anniversary of his birth; if, for example, a person were born at any hour of the first day of January, 1810, (even a few minutes before twelve o’clock of the night of that day,) he would be of full age at the first instant of the thirty-first of December, 1831, although nearly forty eight hours before he had actually attained the full age of twenty-one years, according to years, days, hours and minutes, because there is, in this case, no fraction of a day. 1 Sid. 162; S. C.1 Keb. 589; 1 Salk. 44; Raym. 84; 1 Bl. Com. 463, 464, note (13) by Chitty; 1 Lilly’s Reg. 57; Com. Dig, Enfant, A. ‘The sex makes no difference, a woman is therefore an infant until she has attained her age of twenty-one years. Co. Litt. 171. Before arriving at full age an infant may do many acts. <A male at fourteen is of discretion, and may consent to marry; and at that age he may disagree to and annul a marriage he may before that time have contracted; he may then choose a guardian; and, if his discretion be proved, may at common law make a will of his personal estate: at seventeen he may be an executor. A female at seven may be betrothed or given in marriage; at nine she is entitled to dower; at twelve may trix. Considerable changes of the common law have probably taken place in many of the states. In Pennsylvania to be an executor the party must be of fullage. In general an. infant is not bound by his contracts, unless to supply him for necessaries. Selw. N. P. 137; Chit. Contr. 31; 3 Bac. Ab. 593; 9 Vin. Ab. 391; 1 Com. Contr. 150, 151; 3 Rawle’s R. 351; 8 T. R. 335; 1 Keb. 905, 913; S. C. 1 Sid. 258; 1 Lev. 168; 1 Sid. 129; 1 Southard’s R. 87. Sed vide 6 Cranch, 226; 3 Pick. 492; 1 Nott & Mc Cord, 197. Or, unless he is empowered to enter into a contract, by some legislative provision; as with the consent of his parent or guardian to put himself apprentice, or to enlist in the service of the United States. 4 Binn. 487; 5 Binn. 423. The protection which the law gives an infant is to operate as a shield to him, to protect him from improvident contracts, but not.as a sword to do injury to others. An infant is therefore responsible for his torts, as for slander, trespass, and the like: but he cannot be made responsible in an action ex delicto, where the cause arose ona contract. 3 Rawle’s R. 351; 6 Watts’s R. 9. But see contra, 6 Cranch, 226; 15 Mass. 359; 4 Mc Cord, 387. He is also punishable for his crime, if of sufficient discretion, or dolt capaz. } Russ. on Cr. 2, 3. Vide, generally, Bingh. on Infancy; the various Abridgments and Digests, tit. Enfant, Infancy.