w, _infants_, or _minors_. The father, if he is able, is bound
to support his minor children, even if they have property of their own;
but in such case the mother is not so bound. But a husband is not
obliged to maintain the child of his wife by a former husband. If,
however, he takes the child into his family, he is responsible for its
maintenance and education while it lives with him.
Sec.2. A father may be liable for necessaries sold to a child. But to be so
liable, it must be proved that the contract for the articles was made by
his actual authority, or the circumstances must be sufficient to imply
authority; or that neglect to provide for the child, or some other fault
on the part of the father, rendered assistance to the child necessary.
Being bound to provide for his children, the father has a right to their
labor or service; and he may recover their wages from any person
employing them without his consent.
Sec.3. In general, a minor cannot bind himself by contract. If he lives
with his father or guardian, by whom he is properly supplied, he can not
bind himself even for necessaries. But if, on contracting a debt, he
agrees to pay it after he shall have become of age, he will then become
liable. If a minor has no father or other guardian, his contracts for
necessaries are binding upon him.
Sec.4. If a minor takes an estate and agrees to pay rent, he will be liable
for its payment after he shall have become of age. If he receives rents,
he can not demand them again when of age. If he pays money on a
contract, and enjoys the benefit of the contract and then avoids it when
he comes of age, he can not recover back the consideration paid. And if
he avoids an executed contract when he comes of age, on the grounds of
infancy, he must restore the consideration.
Sec.5. Minors are answerable for crimes, and may be indicted and tried,
and, on conviction, be fined and imprisoned. They are responsible also
for acts of fraud. Their age and the peculiar circumstances in which
they were placed, might be such as to exempt them from liability; but in
cases of gross and palpable fraud committed by minors who have arrived
at the age of discretion, they would be bound by a contract.
Sec.6. In general, male infants and unmarried females under eighteen years,
may, of their own free will, bind themselves, in writing, to serve as
_apprentices_ and servants, in any trade or employment; males until the
age of twenty-one, and femal
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