trade, the obligation of the father subsists after majority; but only so long as is necessary to enable the child to acquire a trade, or support himself by taking service, if born in the lower ranks. (Samson v. Goldie, Hume 425.)

318. If a child has a separate fortune of its own, it is thought that the parents are not bound to maintain him, and may claim board if they do so. (Fraser, 104; Hamilton v. Hamilton, July 11, 1834; Menzies v. Livingston, Feb. 27, 1839.)

319. Daughters in the higher ranks must be alimented till marriage; in the lower, till they are of age to go to service. (Cairns Bellamore, M. 410; Dunn v. Matthews, Jan. 22, 1842.)

320. The obligation to aliment a married daughter lies on her husband, even where she continues to reside in family with her father; and if he is unable to implement his obligation, it falls on his father before her father. (Dunlop's Poor-Law, p. 38; see infra, "Poor;" Wallace v. Goldie, July 20, 1848.) But if the son should die, there is no obligation on his father to support the widow. (Hoseason v. Hoseason, Oct. 21, 1870, 9 M. 37.)

321. A child is equally bound to aliment an indigent parent. (Fraser, 114.) To support the latter's claim it is necessary to establish (1) that the parent is indigent, and (2) that the child has a superfluity after providing for himself and his own family. (Hamilton, 1876, 4 R. 688.) A daughter, if possessed of sufficient means, is bound to aliment her mother (Muirhead, July 7, 1849), and a granddaughter her grandmother. (Ib. Dec. 15, 1849.) [A son-in-law is also bound to support his wife's indigent parents during the marriage, on the principle that he has taken over his wife's obligation to do so; and that equally whether he has received any estate through his wife or not. (Reid, 1866, 4 M. 1060.)]

322. The obligation to aliment is not affected by any amount

of extravagance or improvidence on the part either of parents or children, and it cannot be removed by compact between them. (Fraser, 106.)

323. The heir is bound to aliment both sons and daughters till their provisions become due. Whether he would be entitled to claim repetition would depend on the relative extent of the provisions, and the other circumstances of the case. (Ib. 107.) 324. The duties of reverence and obedience have no "civil remeids" (Stair, i. 58); but it is declared by the statute 1661, c. 20, that where a child above the age of sixteen, and not being distracted by harsh or cruel treatment, shall beat or curse a parent, he shall be punished with death. The pains of law are usually restricted. (Fraser, 113.) In less serious cases such offences are tried at common law in the police courts, the relationship of the parties being regarded as an aggravation.

325. Bastards have no father in the eye of the law; but this doctrine is not allowed to apply to questions of aliment. The law of Scotland holds both the father and mother liable to aliment, and the question is generally raised by an action at the mother's instance against the father. (Ersk. i. 6. 56; Fraser, 120.)

326. The future aliment of a natural child forms a debt against the deceased father's estate. (Ib. 124.)

327. Failing the father and mother, the burden of supporting a bastard falls on the parish where the mother has her settlement. (Infra, "Poor.")

328. If a stranger should aliment the child, he has an action of relief against the father, mother, and parochial board. (Matheson v. Hay, Dec. 23, 1831.)

329. The right to arrears of aliment is not cut off by the triennial prescription. (Thomson v. Westwood, Feb. 26, 1842.)

330. In the case of bastards, as of legitimate children (ante, sec. 294), the rank or fortune of the parents will scarcely be taken into account in fixing the amount; "support beyond

want" being all that can be legally vindicated.

Paterson, Dec. 6, 1842.)

(Lamb v.

331. Aliment, as a general rule, will be due till the child is able to earn a subsistence (Adair v. Corrie, Feb. 24, 1860); and it will be claimable during life, if it be physically or mentally incapable of supporting itself. (Marjoribanks v. Amos, Nov. 13, 1831.)

332. The mother of a bastard child is entitled to claim from its father a sum for inlying charges; and in peculiar cases the Court have allowed a claim against the father for medical attendance and school fees to the child; "thus, in truth, imposing on the fathers of illegitimate children the peculiar obligations incumbent on the fathers of lawful offspring." (Fraser, 127.)

333. The custody of bastards belongs to the mother; but her claim for aliment, when the child has passed the age of seven in the case of sons, and ten in that of daughters, will be barred by an offer on the father's part to take the child into his own keeping. (Adair . Corrie, Feb. 24, 1860. See sec. 296.) The father may claim the custody of the child, however, even at an early age, if his object be to teach it a trade, and thus put it in a position for acquiring a subsistence.

334. In general, when the child is in infancy, the Court will leave it with the mother, however mean her rank, or however great its prospects or its fortune. But when the father is dead, and the child has passed the age of seven, if it has succeeded to extensive means, it will be taken from the mother and delivered to trustees, to be educated in a manner befitting its future position. (Baxter v. Dougal's Trustees, July 5, 1825; Whitson v. Speid, May 25, 1825; Fraser, 130.)

335. A mother is liable to aliment her indigent child, though he have squandered his fortune, and be major (Macdonald v. Macdonald, June 20, 1846); but a step-mother is not liable to aliment a step-son. (Fraser, 86.)

336. The protection and guardianship of infants, formerly exercised by the Scotch Privy Council, now belongs to the Court of Session as the supreme court of equity. (Baillie . Agnew, Br. Supp. v. 526; and Lord Bute's case, Stuart v. Moore, Nov. 23, 1860, and March 20, 1861.)

337. In actions of aliment a lower degree of evidence was, by the former practice, held to establish the presumption of paternity than would have been necessary to prove a fact in another action. This evidence was supplemented by the oath of the pursuer. (Fraser, 132.)

338. As to the amount of evidence requisite to admit the oath in supplement, it was said by Lord President Blair to be such "as induces a reasonable belief, though not complete evidence;" and this opinion has been affirmed by the Court, with the observation that "it has been oftener quoted, and been the foundation of more judicial decisions, than any other opinion that ever was delivered." Wherever the oath emitted in supplement was at variance with special facts already established by proof, the defender was assoilzied, though the general question was answered in the affirmative. It was, in short, nothing more than the evidence of the pursuer, which, since the recent change of the law of evidence, is competent in all actions. (Ib. 133.)

339. It is now held that, in actions of filiation and aliment, the testimony of the mother of an illegitimate child, given by her in the position of a witness, is liable to be tested by crossexamination, and its credibility weighed by the rules which apply to the testimony of other witnesses; and an opinion has been expressed to the effect that the oath in supplement is no longer competent. (Scott v. Chalmers, Dec. 2, 1856; Fraser, 138.)

340. Children are the natural heirs of their parents, and entitled to succeed to their whole property, both heritable and moveable, where they die intestate. As regards heritage, this right may be wholly defeated by the parent by means of a con

veyance in favour of a stranger, executed whilst in vigour, though intended to take effect only after death. There are certain rights, on the other hand, which the child possesses over the parent's moveable property, of which he cannot be deprived by the parent's deed, intended to take effect after death, whether executed in point of form inter vivos or mortis causa. The child's claims, however, do not affect the father's right to alienate his property during his lifetime, or to contract debt. Of course the widow's rights (which are elsewhere explained) are as strongly founded as those of the children.

CHAPTER III.

GUARDIANSHIP.

341. Guardianship, as it is called in England, or the government of those who are not possessed of full legal capacity, is divided by the law of Scotland, in accordance with the Roman law, into Tutory and Curatory.

342. The object of tutory is the protection of those in whom, from nonage, the law recognises no power to contract, to alienate, or to perform any other act inferring an obligation, to the constitution of which a consenting mind is requisite. (Infans, et qui infantiæ proximus est, non multum a furioso distant. Inst. L. iii. tit. xix. sec. 10.) The tutor thus stands in the pupil's place, and acts for him as he himself ought to do were he of perfect age. Although a pupil can do no act inferring civil responsibility, yet, should he marry during pupilarity, the marriage will be sustained, on the ground of acquiescence, provided he continue to cohabit after pupilarity is past. (Ersk. Pr. i. 6. 2.) He is also capable of being indicted and punished for crime after he has completed his seventh year. (1 Hume, 35.)