to buy and sell, to sign bills and notes, and to bind himself for his acts of trade. In Holland, where the majority is attained at twenty-three, a minor may be emancipated at eighteen. In Prussia emancipation is only granted at the age of twenty to a man, and eighteen to a woman (a). By means of emancipation the inconvenience arising from the disability of minors is practically avoided. BRITISH LAW. Minor not liable for his act of trade. May bind him self for neces saries. Liability of father for ne cessaries. A minor, or a person under twenty-one years of age, is not liable on contracts made by him in the course of trade, and cannot be made a bankrupt (b). He can, however, bind himself for necessaries, including food, raiment, lodging, education, and such like, according to the state and condition of the minor himself; and whenever the contract is, at the time he makes it, plainly and unequivocally for his benefit, he becomes bound to fulfil his contract (c). A father is not liable for necessaries supplied to his son, though under age, if beyond the age of nurture, unless there be some contract on his part to pay for them (d). Contracts by minors are either good, void, or voidable. They Contracts of minors good, are good when they are entered into for necessaries; void when void, or voidthey are to their prejudice; and voidable when they are of uncertain nature as to benefit or prejudice (e). A minor cannot What he canappoint an attorney, state an account so as to bind himself, or do any act to prejudice his rights. He would not be bound by a bill of exchange, though given for necessaries; and he would not be bound by an agreement to refer any dispute to arbitration (f). He may bind himself as apprentice, though no action lies on such covenant. He may be a shareholder in a jointstock company, and be bound to the payment of calls made during his minority (g). On his becoming of age he may repudiate the share, but if he continue to hold the same he becomes (a) Prussian Code, § 719. (b) 1 Roll. Abr. 729; Ex parte Sydebotham,1 Atk. 146; Belton v. Hodges, 9 Bing. 365; Ex parte Moule, 14 Ves. 603. (c) Chapple v. Cooper, 13 M. & W. 252; Wood v. Fenwick, 10 M. & W. 195; O'Brien v. Corrie, 3 C. & P. 283; Zouch v. Parson, 3 Burr. 1801; Maddon v. White, 2 T. R. 161. (d) Rolfe v. Abbott, 6 C. & P. 286; Shelton v. Springett, 11 C. B. 452; Law v. Wilkins, 6 Ad. & E. 718; (e) Goode v. Harrison, 5 B. & Ald. 156. (f) Oliver v. Woodroffe, 4 M. & W. 650; Williamson v. Watts, 1 Camp. 551; Trueman v. Hurst, 1 T. R. 40; Milner v. Lord Harewood, 18 Ves. 274. (g) Caper v. Hutton, 2 Russ. 357; North Western Railway Company v. able. not do. May bind prentice. himself ap What a minor must do on his becoming of age. Ratification. Fresh consideration not necessary. Minor representing himself of full age. Privileges of minors personal. Conditions necessary to to trade. liable for all calls, even for those made during his minority, and no act of ratification would be necessary on his part. Contracts which are voidable during minority may be ratified when the minor becomes of age. But in order that the ratification, after full age, of a contract entered into during minority may be valid, the same must be made in writing by the party to be charged therewith. The essential of a written ratification is the confirmation of the debt or promise. All other particulars may be established by parol evidence (a) A fresh consideration is not necessary to make securities given by a minor valid, if he ratifies them, after attaining twenty-one, with full knowledge and complete information respecting them (b). A minor representing himself of full age, and obtaining credit or money upon the faith of such representation, is precluded from pleading infancy, and will, in case of bankruptcy, be made responsible for his acts (c). The privileges of a minor are personal, and no one can take advantage of them but the minor himself; therefore, though by his contract he incurs no obligation, he is not thereby precluded from suing upon it the adult contracting party (d). FOREIGN LAWS. France.-Majority for both sexes is fixed at twenty-one years enable a minor of age complete, for all acts except marriage (e). A minor emancipated, of the age of eighteen years complete, may be a trader, and is held to be of age for all his acts relative to trade, provided he be authorised by his father and mother, and in their absence by a family council; and provided such authority has been posted up in the Hall of the Tribunal of Commerce. That a minor may be able to bind himself by his acts of trade, four conditions are therefore necessary. He must be emancipated in legal forms or by marriage; he must be eighteen years of age complete, even though he has been emancipated; he must be authorised by his father or mother, and such M'Michael, 5 Exch. 123; Dublin, Cork, (a) Williams v. Moor, 11 M. & W. (b) Kay v. Smith, 21 Beav. 522. (c) Ex parte Unity Joint Stock Bank Company, Re King, 6 Week. Rep. 640, Ch.; Price v. Hewett, 8 Exch. 146; Johnson v. Pye, 1 Sid. 258. (d) Warwick v. Bruce, 2 M. & S. 205; Davies v. Manington, 2 Sid. 109. (e) French Code Civil, § 388. authorisation must have been enrolled in a registry, and affixed for one year in the Hall of the Tribunal. But notwithstanding such authorisation, neither the minor, or the tutor for him, can borrow money without a deliberation of the conseil de famille, or sell his real estate, or do any act beyond those of simple administration, without the formalities prescribed for the transfer of real estates by minors (a). Acts of minors United States of America. The age of majority is twenty- voidable only. one years complete. The tendency of American decisions is to make the acts of minors voidable only, and subject to their election, when they become of age, either to affirm or disavow them (b). Even the bond of an infant has been held to be voidable only at his election (c). If the deed is voidable only, there are three modes by which it will be held to be affirmed on his becoming of age. 1. By an express ratification. 2. By acts which reasonably imply an affirmance. 3. By the omission to disaffirm in a reasonable time (d). In the case of voidable contracts it will depend upon circumstances, such as the nature of the contract and the situation of the infant, whether any overt act of assent or dissent on his part be requisite to determine the fact of his future responsibility. Germany. The age of majority here is twenty-four. rity in dif Bavaria, Norway, Denmark, and Mexico.-The age of Age of majomajority in these countries is twenty-five. ferent countries and effects of Austria. The age of majority is twenty-four years, but a minor may obtain permission to trade from the magistrate or tribunals. emancipation. British India.-The full age of Hindoos and Mohammedans not under the Court of Wards is sixteen years complete. Male Arminians are of full age at eighteen. East Indians, or persons of European extraction in India, are governed by the laws of the nations from which they spring, though in a recent case the Sudder Court did not object to an East Indian obtaining his majority at eighteen. Buenos Ayres.-Every person of eighteen years of age may engage in trade, provided he is emancipated, and has property of his own; or, in case he has no father, that he has received (a) French Code Civil, §§ 2206 and 487; Code of Commerce, §§ 2 and 3. (b) Kent's Comm., vol. ii., p. 251, 8th ed.; Wamsley v. Lindenberger, 2. Randolph's Rep. 478. (c) Conroe v. Birdsall, 1 Johns. Americ. Rep. 127. (d) Curtin v. Patton, 11 Serg. & Rawle, 305; Richardson v. Bright, 9 Verm. 365. power to administer his property in the form prescribed by the common law. Holland.-Majority is attained in Holland at twenty-three, but emancipation may be obtained at twenty years. Italy, Russia, Sweden, Poland, Greece, and Hayti.—The age of majority in these countries is twenty-one years. Malta. A person eighteen of years of age may in Malta engage in trade. Portugal. No person less than twenty-five years of age can be registered as a trader, unless emancipated. This emancipation can only be obtained at the completion of the eighteen years of age. The conditions of emancipation are the same as those prescribed by the Spanish Code (a). Spain. A minor of the full age of twenty years is permitted to engage in trade whenever he can prove-1. That he has been legally emancipated. 2. That he has property in his own right. 3. That he has been declared able to administer his property. And 4. That he renounces the privileges afforded by the civil law to minors in commercial matters. A person under twenty-five years of age and a married female, being traders, may mortgage their real estate for the payment of debts contracted in trade (b). Turkey. The age of majority in Turkey is twenty-one years. Disability from unsound ness of mind. Disability from drunkenness. SECTION V. LUNATICS AND DRUNKARDS. BRITISH LAW. Lunatics-Unsoundness of mind constitutes a necessary disability to engage in trade; but a contract made with a person of unsound mind is not invalid, unless it be shown that advantage has been taken of his infirmity (c). Drunkards.-A person in a state of drunkenness, not knowing what he is doing, is incapacitated to contract, and would not be bound by contracts entered into whilst he was in a state of intoxication, provided he disallows his acts as soon as he becomes sober. But partial intoxication would not be sufficient to invalidate a contract, unless unfair advantage was taken of him by the other contracting party. (a) Portuguese Code, $$ 5 and 14-17. (b) Spanish Code, §§ 4, 5. (c) Nelson v. Duncombe, 9 Beav. 211. SECTION VI. RESTRAINT OF TRADE FOR WANT OF FREE WILL. MARRIED WOMEN. TORY OBSER By marriage, the personal identity of the woman is lost. Her INTRODUCperson is completely sunk in that of her husband, and he acquires VATIONS. an absolute mastery over her person and effects. Hence her complete disability to contract legal obligations; and except in the event of separation by divorce, or other causes, a married woman in the United Kingdom cannot engage in trade. In France, and other continental countries, however, a married woman is allowed to engage in trade with the consent of her husband, and the consent may be implied where he offers no opposition to her engaging in trade. Should he desire to withdraw his authority, he must register the same at the Tribunal of Commerce, and even give notice to such persons as are in the habit of dealing with his wife. The husband is liable for his wife's obligations, where there exists a community of property among them. And the wife has a right to sell and mortgage even her real estate for purposes of her trading. BRITISH LAW. A married woman is not liable for contracts entered into on Married woman not liable her own account, and she cannot be made a bankrupt; although for contracts. where she has a separate estate, she would be bound by her bills of exchange, tradesmen's bills, and payment of rent(a). In the City of London a married woman may engage in trade and is liable for her own acts. married wo man when deserted. A married woman, deserted by her husband, may in England Protection of apply to the Judge Ordinary of the Court of Divorce and Matrimonial Causes, or to a police magistrate, or justices in petty sessions, and in Scotland to the Lord Ordinary of the Court of Session, or Lord Ordinary on the bills, for an order to protect any means or property she may have acquired, or may acquire, by her own lawful industry, and any property she may have become possessed of, or may become possessed of, after such desertion, against her husband and his creditors, and any person claiming under him (b). (a) Bullpin v. Clarke, 17 Ves. 365; Stuart v. Kirkwall, 3 Mad. 387; Murray v. Barlee, 4 Sim. 82. (b) 20 & 21 Vict. c. 85, s. 21; 21 & 22 Vict. c. 108; 24 & 25 Vict. c. 86. |