[Footnote u: Co. Litt. 135.]

[Footnote w: 1 Hal. P.C. 25.]

[Footnote x: 1 Hal. P.C. 26.]

WITH regard to estates and civil property, an infant hath many
privileges, which will be better understood when we come to treat more
particularly of those matters: but this may be said in general, that
an infant shall lose nothing by non-claim, or neglect of demanding his
right; nor shall any other _laches_ or negligence be imputed to an
infant, except in some very particular cases.

IT is generally true, that an infant can 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 few of which it may not be improper to recite, as a
general specimen of the whole. And, first, it is true, that infants
cannot aliene their estates: but[y] infant trustees, or mortgagees,
are enabled to convey, under the direction of the court of chancery or
exchequer, the estates they hold in trust or mortgage, to such person
as the court shall appoint. Also it is generally true, that an infant
can do no legal act: yet an infant who has an advowson, may present to
the benefice when it becomes void[z]. 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 clerk (who, if unfit,
may be rejected by the bishop) rather than either suffer the church to
be unserved till he comes of age, or permit the infant to be debarred
of 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 disagree to it, as he thinks prudent or proper,
without alleging any reason; and so may his heirs after him, if he
dies without having completed his agreement[a]. It is, farther,
generally true, that an infant, under twenty one, can make no deed
that is of any force or effect: yet[b] he may bind himself apprentice
by deed indented, or indentures, for seven years; and[c] 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 necessaries;
and like