AFORETHOUGHT, crim. law. Premeditated, prepense; the length of time during which the accused has entertained the thought of committing the offence is not very material, provided he has in fact entertained such thought; he is thereby1 rendered criminal in a greater degree than if he had committed the offence without. premeditation. Vide Malice2; aforethought; Premeditation 2 Chit. Cr. 785; 4 Bl. Com. 199; Fost. 132, 291, 292; Cro. Car. 131; Palm. 545; W. Jones, 198; 4 Dall. R. 146; 1 P. A. Bro. App. xviii.; Addis. R. 148; 1 Ashm. R. 289.
AFTERMATH. A right to have the last crop of grass or pasturage. 1 Chit. Pr. 181.
AGAINST THE FORM OF THE STATUTE3. When a statute prohibits a thing to be done, and an action is brought for the breach4 of the statute, the declaration or indictment5 must conclude against the form of the statute. See Contra formam statuti.
AGAINST THE WILL, pleadings. In indictments6 for robbery from the person, the words "feloniously and against the will," must be introduced; no other words or phrase will sufficiently7 charge the offence. 1 Chit. Cr. 244.
AGARD. An old word which signifies award. It is used in pleading, as nul agard, no award;
AGE. The time when the law allows persons to do acts which, for want of years, they were prohibited from doing before. See Coop. Justin. 446.
2. For males, before they arrive at fourteen years they are said not to be of discretion8; at that age they may consent to marriage and choose a guardian9. Twenty-one years is full age for all private purposes, and the may then exercise their rights as citizens by voting for public officers; and are eligible10 to all offices, unless otherwise provided for in the constitution. At 25, a man may be elected a representative in Congress; at 30, a senator; and at 35, he may be chosen president of the United States. He is liable to serve in the militia11 from 18 to 45. inclusive, unless exempted12 for some particular reason.
3. As to females, at 12, they arrive at years of discretion and may consent to marriage; at 14, they may choose a guardian; and 21, as in males, is fun Age, when they may exercise all the rights which belong to their sex.
4. In England no one can be chosen member of parliament till he has attained13 21 years; nor be ordained14 a priest under the age of 24; nor made a bishop15 till he has completed his 30th year. The age of serving in the militia is from 16 to 45 years.
5. By the laws of France many provisions are made in respect to age, among wbich are the following. To be a member of the legislative16 body, the person must have attained 40 years; 25, to be a judge of a tribunal de remiere instance; 27, to be its president, or to be judge or clerk of a cour royale ; 30, to be its president or procureur general; 25, to be a justice of the peace; 30, to be judge of a tribunal of commerce, and 35, to be its president; 25, to be a notary17 public; 21, to be a testamentary witness; 30, to be a juror. At 16, a minor18 may devise one half of his, property as if he were a major. A male cannot contract marriage till after the 18th year, nor a female before full 15 years. At 21, both males and females are capable to perform all the act's of civil life.. – Toull. Dr. Civ. Fr. Liv. 1, Intr. n. 188.
6. In the civil law, the age of a man was divided as follows: namely, the infancy19 of males extended to the full accomplishment20 of the 14th year; at 14, he entered the age of puberty, and was said to have acquired full puberty at 18 years accomplished21, and was major on completing his 25th year. A female was an infant – til 7 years; at 12, she entered puberty, and accquired full puberty at 14; she became of fall age on completing her 25th year. Lecons Elem. du Dr. Civ. Rom. 22.See Com. Dig. Baron22 and Feme, B 5, Dower, A, 3, Enfant, C 9, 10, 11, D 3, Pleader, 2 G 3, 2 W 22, 2 Y 8; Bac. Ab. Infancy and Age; 2 Vin. Ab. 131; Constitution of the United States; Domat. Lois Civ.tome 1, p. 10; Merlin, Repert. de Jurisp. mot Age; Ayl. Pand. 62; 1 Coke Inst. 78; 1 Bl. Com. 463. See Witness.