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Itis generally true, that an infant can Coach Factory Outlet neither aliene his lands, nor do any legal act, nor make a deed, nor indeed any manner of contract, that will bind him. But still to all these rules there are some exceptions: part of which were just now mentioned in reckoning up the different capacities which they assume at different ages : and there are others, a sew of which it may not be improper to recite, as a general specimen of the whole. And, first, it is true, that MBT Shoes infants cannot aliene their .estates.: but infant trustees, or mortgagees, are enabled ta convey, under the direction of the court of chancery or exchequer, or other courts of equity, the estates MBT they hold in trust or mortgage, to such person as the court shall appoint1. Also it is generally true, that an infant can do no legal act: yet, an infant, Coach Outlet who has an advowson, may present to the benefice when it becomes voida.
For the law in this case dispenses with one rule, in order to maintain others of far greater consequence: it permits an infant to present a cleric (who, if unfit, may be rejected by the bishop) rather than either suffer Christian Louboutin Outlet the church to be unserved till he comes of age, or permit the infant to be debarred pf his right by lapse to the bishop. An infant may also purchase lands, but his purchase is incomplete: for, when he comes to age, he may either agree or difagree to it, as he thinks prudent or proper, without alleging any reason; and so may his heirs after him, jf he dies without having completed his agreementb. It is, farther, generally true? that an infant, under twenty-one, can make no deecj but what is afterwards voidable: yet in some cases' he may bind himself apprentice by deed indente4 or indentures, for seven years; and d he may by deed or will appoint a guardian to his children, if he has any. Lastly, it is generally true, that an infant can make no other contract that will bind him: yet he may bind himself to pay for his necessary meat, drink, apparel, physic, and such other ne-r cessaries; and likewise for his good teaching and instruction, whereby he may profit himself afterwardsAnd thus much^ at Tiffany and Co Outlet present, for the privileges and difabilities of infants,
WE have hitherto considered persons in their natural capacities, and have treated of their rights and duties. But, as all personal rights die with the person; and, as the necessary forms of investing a series of individuals, one after another, with the fame identical rights, would be very inconvenient, if not impracticable; it has been found necesfary, when it is for the advantage of the public to have any particular rights kept on foot and continued, to constitute artificial persons, who may maintain a perpetual succession, and enjoy a kind of legal immortality.

Thepower and reciprocal duty of a guardian and ward: are the fame, pro tempore,as that of a father and child; and therefore I shall not repeat them: but shall only add, that the guardian, when the ward comes of age,, is bound to give,
«?The Roman fatyrist was fully a- who provided that no one should be ware of this danger, when he puts this another's guardian, who was to enprivate prayer into the mouth of a selfish ioy the estate after his death. (Potter*« guardian; Antiqu. b. i.e.26.) And Charondas, —pttsWum 0 utir.am, quern pnx'musanother of the Grecian legislators, iij batrttrested that the inheritance should go to Christian Louboutin Outlet Imfello, exputtgam.Perf. 1. 12. the father's relations, but the education > c.44. of the child to the mother's; that th* n> t Infl. 88. guardianship and right of succession « See Stat. Hiberit.14 Hen. III. might always be kept distinct. (Petit. This policy of our MBT English law is war- iff. Alt. I.6. t.7.) ranted by the wise institutions of Solon.
him an account of all that he has tranfacted on his behalf, and must answer for all losses by his wilful default or negligence. In order therefore to prevent difagreeable contests with young gentlemen, it has become a practice for many guardians, of large estates especially, to indemnify themselves by applying to the court of chancery, acting under it's direction, and accounting annually before the officers of that court. For the lord chancellor is, by right derived from the crown, the general and supreme guardian of all infants, as well as idiots and lunatics; that is, of all such persons as have MBT Shoes not discretion enough to manage their own concerns. In case therefore any Coach Outlet guardian abuses his trust, the court will check and punish him; nay sometimes will proceed to the removal of him, and appoint another in his stead f.
LetUsnext consider the ward or person within age, for whose assistance and support these guardians are constituted by law; or who it is, that is faid to be within age. The ages of male and semale are different for different purposes. A male at twelveyears old may take the oath of allegiance; at fourteenis at years of discretion, and therefore may consent or difagree to marriage, may choose his guardian, and, if his discretion be actually proved, may make his testament of his personal estate; at seventeenmay be au executor; and at tiventy-oneis at his own dispofal, and may1 aliene his lands, goods, and chattels. A semale also at ftvenyears Coach Factory Outlet of age may be betrothed or given in marriage •at nineis entitled to dower; at twelveis at years of maturity, and therefore may consent or difagree to marriage, and, if proved to have sufficient discretion, may bequeath her personal estate; at fourteenis at years Tiffany and Co Outlet of legal discretion.

that he cannot be heir to any one, neither can he have heirs, but of his own body j for, being hullius filius,he is therefore of kin to no-* body, and has no ancestor from Tiffany and Co Outlet whom any inheritable blood can be derived. A bastard was also* in strictness, incapable of holy orders 3 and, though that were dispensed with, yet he was utterly disqualified from holding any dignity in the church k: but this doctrine seems now obsolete; and in all other respects, there is no distinction between a bastard and another mam And really any other MBT distinction, but that of not inheriting, which civil policy renders necessary, would, with regard to the innocent osfspring of his parents' crimes, be odious, unjust, and cruel to the last degree 1 and yet the civil law, so boasted of for it's equitable decisions, made bastards in )bme cases incapable even of a gift from their parents1. A bastard may, lastly, be made legitimate, and capable of inheriting, by the transcendent power of an act of parliament, and not otherwise"1: as was done in the case of John of Gant's bastard children, by a statute of Richard the second.
TH E only general private relation, now remaining to* be discussed, is that of guardian and ward; which bears a very near resemblance to the last, and is plainly derived out of it: the guardian being only a temporary parent; that is, for so long time as the ward is an infant, or under age. In examining this species of relationship, I shall first consider the different Kind's of guardians, how they are appointed, and their power and duty: next, the different ages of persons, as defined by the law: and, lastly, the privileges and difabilities of an infant* or one under age and subject to guardianship.
Theguardian with us performs the office both of the tutorand curatorof the Roman laws; the former of which had the charge of the maintenance and education of the minor, the latter the care of MBT Shoes his fortune; or, according to the language of the court of Coach Outlet chancery, the tutorwas the committee of the person, the curatorthe committee of the estate. But this Coach Factory Outlet office was frequently united in the civil law"; as it is always in our law with regard to minors, ihough as to lunatics and Uliots it is commonly kept distinct.
Ofthe several species'of guardians, the first are guardians by nature:viz. the father and (in some cafes) Christian Louboutin Outlet the mother of the child. For if an estate be left to an infant, the father is by common law the guardian, and must account to his child for the prositsb. And, with regard to daughters, it seems by construction of the statute 4 & 5 Ph. & Mar. c. 8. that the father might by deed or will assign a guardian to any woman-child under the age of sixteen; and, if none be so assigned.

In this case with us the heir presumptive may have a writ de venire inspiciendo,to examine whether she be with child, or not"; and, if she be, to keep her under proper restraint, till delivered; which is entirely conformable Coach Outlet to the practice of the civil law 0: but, if the widow be upon due examination found not pregnant, the ,pre«sumptive heir1shall be admitted to the inheritance, though li.able to lose it again, on the birth of a child within forty weeks from the death of a husoand". But if a man dies, and his widow soon after marries again, and a child is born within such a time, as that by'the course of nature it might have been the child of either husoand; in this case he is faid to be moie than ordinarily legitimate; for he may, when he arrives to years of discretion, choose which of the fathers he pleases .
To prevent this, among other inconveniencies, Christian Louboutin Outlet the civil law ordained that MBT no widow mould many infra annum luilns1.
As bastards may be born before the coverture or marriage state is begun, or after it is determined, so also MBT Shoes children born during wedlock may in some circumstances be bastards. As if the husband be out of the kingdom of England, (or, as the law somewhat loosely phrases it, extra quatuor maria)for above nine months, so that no access to his wise can be Tiffany and Co Outlet presumed, her issue during that period shall be bastards v. But, generally, during the coverture access of the husband shall be presumed, unless the contrary can he shewn ";which is such a negative as can only be proved by shewing him to be elsewhere: for the general rule is, praesumitur pro hgltimatione*.In a divorce, a mensa et thoro,if the wise breeds children, they are bastards; for the law will presume the husband and wise conformable to the sentence of separation, unless access be proved: but, in a voluntary separation by agreement, the law will suppose access, unless the negative be shewn x. So v also if there is an apparent impossibility of procreation on the part of the husband, as if he be only eight years old, or the like^ there the issue of the wise shall be bastard f.Likewise, irt case of divorce in the Coach Factory Outlet spiritual court a vlnculo matrimonii,all the issue born during the coverture are bastards1; because such divorce is always upon some cause, that rendered the marriage unlawful and null from the beginning.
LetUsnext see the duty of parents to their bastard children, by our Jaw; which is principally that of maintenance. For, though bastards are not looked upon as children to any civil purposes, yet the ties of nature, of whichmaintenance is one, are not so easily dissolved: and they hold indeed as to many other intentions.

Yet, till that age arrives, this empire of the father continues even after his death; for he may by his will appoint a guardian to his children. He may also Christian Louboutin Outlet delegate part of his parental authority, during his lise, to the tutor or schoolmaster, of his child; Who is then in loco parentis,and has such a portion of the power of the parent committed to his charge, viz;that of restraint and correction, as may be necefiary to answer the purposes for which he is employed, j _ .
3. Thedutiesof children to their parents arise from a principle of natural justice and retribution. For to those, who gave us existence, we naturally owe subjection and obedience during our minority, and honour and reverence ever after: they, who protected the weakness of our infancy, are entitled to our protection in the infirmity of their age; they who by sustenance and education have enabled their offspring to MBT prosper, ought in return to be supported by that offspring, in case they stand in need of assistance. Upon this principle proceed all the duties of children to their parents which are enjoined by positive laws. And the Athenian lawsf carried this principle Tiffany and Co Outlet into practice with a scrupulous kind of nicety: obliging all children to provide for their father, when fallen into poverty; with an exception to scurious children, to those whose chastity had been prostituted by consent of the ftther, and to those whom he had not put in any way of.
Ourlaws agree with those of Athens with regard to the first only of these particulars, the case of spurious issue. In the other cases the law does not hold Coach Factory Outlet the tie of nature to be dissolved by any misbehaviour MBT Shoes of the parent; Coach Outlet and therefore a child is equally justifiable in desending the person, or maintaining the cause or suit, of a bad parent, as a good one; and is equally compellable h, if of sufficient ability, to maintain and provide for a wicked and unnatural progenitor, as for one who has shewn the greatest tenderness and parental piety. t, '.
Hi' Weare next to consider the case of illegitimate children, or bastards; with regard to whom let us inquire, I. Who are bastards, i. The legal duties of the parents' towards a bastard child. 3. The rights and incapacities attending such bastard children.
any religious .view, which has nothing to do with the legitimacy or illegitimacy of the children. The main end anddelign of marriage therefore being to ascertain and fix upon some certain person, to whom the care, the protection, the maintenance, and the education of the children should belong; this end is undoubtedly better answered by legitimating all issue born after wedlock, than by legitimating all issue of the fame parties, even born before wedlock, so as wedlock afterwards ensues.

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