Page:The New International Encyclopædia 1st ed. v. 10.djvu/692

* INFAIiLIBILITY. strictly defined infallibility is seen to be base- less. It may l>o wi-ll also to point out that the I'ojie is not sii|>posi'il to have the i)nwor to in- vent and enl'ort-e new doetrincs. lint can only de- chiie and define those which have been hehl cither iinplirilly or explicitly in the C'linich from the Ix'ginninj.'. See Foster, t'lituUi mental Idras of the lioniun Catholic Church (Philadelphia. 189!>) ; liefele, lluuorius und das Ktchstc allyc- iiirinc Konzil (Tiiliinfien, 1H70) ; Saluion Thi / / faUibilitij of the Church (London. 1888); Kive, I'nfchlburkcit des I'lipsles ( Paderborn. 1870). INFAMOUS CRIICE (OF. infamciis, from ML. iiifdiiiii.sii'i. liniii I. at. inftnnis, iiifainmi^. from ill-, not + fnma. fame). An olTense which is deemed to reveal such an absence of moral primi|ilc as to imlicate that the cvilpril would totally disregard the ohlij^ation of an oath. Such crimes are punished aceordinj; to their charactiT, and the disabilities of infamy are imposed as an incident thereto. At the early common law treason, felony. for;;ery. aiid olVi'nses tending to pervert the administration of justice liy false- hood and fraud, such as perjury, conspiracy, and cheating', were included in this classification. The Constitution of the I nitcd States provides that "no person shall be held to answer for a capital or otherwise infamous crime unless on present- ment and indictment of a grand jury." The Federal courts have included all crimes punish- able by imprisonment in a State prison or peni- tentiary in this category, and many of the State courts have adopted their classification. See Ink.^my. Consult the authorities referred to under Criminal Law. INFAMY ( from Lat. infamui, from infamis, infamous). The condition of legal disability im- posed upon a person convicted of an infamous crime (<|.v.). The term originated in the K(]man law. under which system many derelictions of duty, .such as a simple breach of ci'rlain con- tracts, as well as certain crimes, were punished with the civil and political disabilities of in- famy. In the early F^nglish law the doctrine of attainder (q.v. ) attached to the nmre serious crimes, and infamy only involved incompetency as a witness and incnpaeity tn serve on a jury. The disabilities attaching to infamy are largely regulated by statute to-day, and in ICngland and many of the I'nited States all disqualifications on tills account have been abolished. INFANT. .t common law, any male or fe- male person under the age of twent,v-one ,vcars. -As tlw common law t.nkcs no account "f a frac- tion of a day e.Ncept when a question of jiroperty is involved, an infant is held to become of age on the day before the twent.v-first anniversary of his birth. It has always been the iiolicv of the law to safeguard infants from the consequences of their own indiscretion by modification of many of the rules of law applicable to adults. Thus an infant's contracts are vnidable (nut void like the contracts of married women). That is. the,v are binding upon an adult contracting with the infant, but they may be avoided bv the in- fant upon the ground of his infancy : but if the infant expressly or by implication ratifies the contract after he is of age, the contract cannot bt afterwards avoided by him. (See Ratific.- TIOX.) Whenever an infant disaffirms his con- tracts he is entitled upon ]irinciples of quasi- contract (q.v.) to recover from the other party 606 INFANT. to the contract the reasonable value of the con- sideration or performance which he (the infant) has given undi'r the contract, even though he has (before coming of age) squandered the consider- ation which he has reci'ived unilcr thi' contract. If, however, the infant have any money or pnq)- ertv which he received under the C(mtract, he must return it to the other part.v to the eon- tract in order to disallirm the contract. While an infant is not bound h,v his cuntract, lie is bounil t(i pay for 7iecessaries (see Nkckssakiks | purihascd by him. his liability being based on the theory of quasi-contract. . infant mav also pledge his parent's credit for necessaries upon theory of implied agency if the parent does not supply them. A parent is not liable to pay for articles supplied to his child by a third per- son; but a parent may .so act as to estop hiiiisclf from den.ving the authority of the infant to act as his agent, as b,v regularly paying for articles purchased by the infant. In general, infants are liable for their torts. Where, however, the eflect of holding the infant for his tort is indirectly to enforce his contract, the ('ourts have denied his liability in tort. The very nice discrimination for the eimrt. Thus an infant who hires a horse, ami so negligently cares for him that thi' horse is injured, is not liable for tort or upon his coiilr:ict; but. if the infant a])propriates the hor.se to his own use by going to s<mie place other than that specified in the contract, he is deemed to have almn<loiie(l his contract and to be liable in tort. Similarly it has been held that, while an infant is generally liable for deceit (q.v.), one who fraudulently rep- resents himself to be of full age and thereby pro- cures another to enter into a contract with him is not liable for the tort, but the .soundness of the position has been questioned. . infant who is a property-holder is subject to the law. of taxation, an<l his land is liable to be taken from him by eminent <loiiiain as if he were of age. .At coiunion law a legal marriage might be contracted between a boy of foiirteen and a girl of twelve. See -Age. . infant if sulTicicntly intelligent to have criminal intent is responsible for an,v crimes that he may commit. It is a rule of the common law that this responsibility can never arise before the infant is seven years of age. .•ftcr that perioil until he is fourteen the law presumes nothing for or ag-ainst him. His capacity to umler^tand the nature and consequence of his act nnist he proved by the prosecution in order to establish his guilt. After he is fourteen he is presumed to have capacity to commit crime, and the burden of creating a reasonable doubt of his capacity rests upon him. See further under AcK; Con.sent. The parents are entitled to the custody of the child during infancy, and they are also entitle! to earnings until this right is yoluntaril.y renounced by them, when the infant is said to be emancipated. As between the father and the mother, the father was at common law entilleil to the custody of the child. The modern tendency of (he courts is to accord the custody in case of dispute to the parent best able and qualified to care for the child. Tn man.v States male infants of eighteen years or oyer may be executors and administrators. Infants are not permitted to sue in their own name and right in either courts of law or equity.
 * )ractical application of this rule involves some