secures to her a separate maintenance, and pays it according to agreement, he is not answerable even for necessaries.

§ 8. The husband and wife cannot be witnesses for or against each other in a court of justice; but any declarations which a wife makes when acting as the agent of her husband, may be taken as evidence against him.

§ 9. Parent and Child. It is the natural and reasonable duty of parents to maintain and educate their children until they become of suitable age to provide for themselves. The age at which the obligations of parents, as guardians of their children, end, is twenty-one years, which is called the age of majority, when persons are said to be of age. Hence, under twenty-one they are in law called infants, or minors, and are said to be in a state of minority. In Vermont and Ohio, females at the age of eighteen years are of age.

§ 10. As parents are bound to support their minor children, they have a right to their labor; and they may recover the money for the wages of their children, from any person employing them without their parents' consent. A parent is not bound to pay even for necessaries sold to a child, unless a child had authority from the parent, or unless the parent neglected to provide for the child, or forced him from home by severe usage. And when a child is obliged to support himself, he is entitled to his own earnings.

§ 11. A second husband is not bound to support the children of his wife by a former husband. If, however, he receives such children into his family, he is liable to support them as his own

§ 12. If a father dies before the child is of age, and does not by will appoint a guardian, the mother becomes the guardian of the child, and in some cases of his property also, until he arrives at the age of fourteen years, when he may choose a guardian for himseif. When an infant becomes possessed of an estate in lands, if there is no father, the mother has the guardianship of the estate; and if there is neither father nor mother, then the nearest and eldest relative takes the guardianship of such estate.

§ 13. Guardian and Ward. The father is the natural guardian of a child, and after his death, the mother. But a father may, by his deed, or last will, dispose of the custody

and tuition of a minor child, while under twenty-one years, to another person, who then has the care and management of the minor's personal estate, and of the profits of his real estate, during the time for which the disposal was made. Such person is then guardian, and the child is called ward.

EXERCISES.

§ 1, 2. Mention the several particulars which are necessary to render a marriage contract binding. What is meant by age of consent?

§ 3. In what cases may a person marry a second time, while the former wife or husband is living?

§ 4. By whom are marriages solemnized in this state? Is such solemnization essential to the validity of marriage? § 5. What right to a wife's real and personal estate does a husband acquire by marriage?

6. How far is he liable for her debts?

7. To what extent is he bound by her contracts?

8. Can they be witnesses for or against each other? Why ought they not to be?

§ 9. At what age do the legal obligations between parents and children cease? At what year do children become of age?

§ 10. How far is a parent liable for his children's contracts?

§ 11. How far is a second husband liable to support his wife's children?

§ 12. If a father dies, who is guardian of the children? If there is neither father nor mother, who becomes guardian of children's real estate?

§ 13. How may a father dispose of the custody of a minor child?

CHAPTER XL.

Minors, Masters, Apprentices, and Servants.

§ 1. Minors. The statutes of the several states do not declare how far minors may bind themselves by contract or agreement. In such case, the common law must determine. In general, a minor is not bound by a bargain which he may make; but if he agrees, after becoming of age, to fulfill a contract which he made while a minor, he must do so. And if he has no father or other guardian, he is bound to pay for articles actually necessary for him. But the person who trusts him must make inquiry; and if the minor has been properly supplied by his friends, the person trusting him can not recover; nor can he in any case recover more than the actual value of the goods sold to the minor.

§ 2. But minors are responsible for the payment of fines; and they may be prosecuted and tried for acts of fraud and crime. It is not easy, however, to determine, from the practice of courts of law, in what particular case a minor is or is not accountable for fraudulent acts. His age, and the circumstances in which he was placed, might be such as to free him from obligation; but for an act of gross and palpable fraud, committed by an infant who has arrived at the age of discretion, he would be responsible.

§ 3. Masters, apprentices, and servants. In general, male infants, and unmarried females under eighteen years, may, of their own free will, bind themselves, in writing, to serve as apprentices or servants, in any trade or employment; males, until the age of twenty-one, and females, until the age of eighteen, or for a shorter time. A minor thus binding himself must have the consent of the father; or if the father is dead, or disqualified by law, or neglects to provide for his family, then consent must be had of the mother; or if the mother is dead or disqualified, then of the guardian.

§ 4. Children that have become chargeable to the town or county for their support, may be bound out by the proper officers having charge of the poor, And the laws of the

states generally very properly require, that a person to whom a child is bound, shall agree to cause such child to be taught to read and write, and also to be instructed in the general rules of arithmetic. The laws of some states require instruction in arithmetic only in the case of male apprentices.

§ 5. The laws also provide for compelling both parties to fulfill their obligations. Masters have a right to correct their apprentices with moderation for negligence or misbehavior; and they may recover damage at law of their apprentices for wilful absence. On the other hand, a master may be prosecuted for ill usage to his apprentice, and for a breach of his covenant. A master is liable to pay for necessaries for his apprentice, and for medical attendance; but he is not so liable in the case of a hired servant.

§ 6. When an apprentice becomes immoral or disobedient, investigation may be had of the matter by the proper authorities, and if good cause exist, the indenture may be annulled, and the parties discharged from their obligations. Upon the death of a master, an apprenticeship is always dissolved.

§ 7. There is, it is believed, no statute law in any state particularly defining the rights and obligations of hired servants and the persons employing them. Both are obliged to fulfill their agreement. If a hired servant leaves the service of his employer, without good cause, before he has worked out the time for which he was hired, he cannot recover his wages. And for immoral conduct, wilful disobedience, or habitual neglect, he may be dismissed. On the other hand, ill usage, or any failure on the part of the employer to fulfill his engagement, releases the laborer from his service.

§ 8. How far a master is answerable for the acts of his hired servant, is not clear. As a general rule, however, the master is bound by contracts made, and liable for injuries done, by a servant actually engaged in the business of his master, whether the injury proceeds from negligence or from want of skill. But for an injury done by a wilful act of the servant, it is considered that the master is not liable.

§ 9. If the servant employs another to do his business, the master is liable for the injury done by the person so em2

ployed. But a servant is accountable to his master for a breach of trust, or for negligence in business, or for injuring another person in his master's business.

EXERCISES.

§ 1. In what cases are minors bound to fulfill their contracts?

§ 2. What is said of their responsibility in cases of fraud and crime?

3. By whose consent are minors bound as apprentices? 4. By whom may poor children be bound out? By what officers in this state? What must they be taught? § 5. What are the mutual rights and obligations of master and apprentice?

§ 6. For what causes, and how, may apprenticeships be

dissolved?

§ 7. What are the mutual rights and obligations of master and hired servant?

§ 8, 9. In what cases are masters liable for the acts of their servants? For what is a servant accountable?

CHAPTER XLI.

Of Crimes. Felonies, or Crimes punishable by Death, or by Imprisonment in State Prison.

§ 1. THE statutes of each state define all crimes of which its laws take cognizance. So similar, however, are the laws defining crime in the several states, that the definitions of the crimes mentioned in this chapter, will be found to agree substantially with those of the laws of every state in the Union. The statutes also declare the punishment; but as the measure of punishment, except for crimes punishable by death, is left so much to the discretion of the judges who pass sentence upon offenders, to be varied according to the aggravation of the crimes committed, it is deemed unnecessary to mention the penalties annexed to them