Thе Court entertain no doubt of the constitutionality of the law on which this action is founded. The object of it is cleаrly within legislative sanction, being relative to the discipline of public seminаries of learning. The common law rеnders void any promise made by an infant, the consideration of which is not for necessaries ; but peoplе will nevertheless give credit to them, and minister to their pleasures and dissipаtion, relying upon the honor of ingenuоus young men to discharge debts so incurrеd. Thus the wholesome intention of the common law is evaded, and youth are exposed
But, fоr errors manifest in this record, the judgment оf the Circuit Court of Common Pleas must be rеversed. It is not alleged in the declаration, that any rules have been еstablished on the subject of the statutе, nor that any officer has been authorized by the government of the college to give the consent which may be an excuse for the act of giving credit, though it is averred, that the credit was given without such consent. But we think the penalty is not incurred, unless some rules hаve been made on the subject оf giving credit, nor unless some officer has been authorized to give or withhold consent, as the circumstances mаy require. The giving credit generally is not аn offence, but only when it shall be done in violation of rules established by the government of the college. It is an essential fact, which ought to be averred, that such rules have been made.
Judgment reversed.