Police Intelligence.
THIS DAY. RESIDENT MAGISTRATE’S COURT. (Before A. C. Strode, Esq., R.M. CIVIL CASES. Joseph Haffenger v. John Stoddart (Gaoler, Her Majesty’s Gaol, Dunedin), a claim of L2O for illegally detaining the plaintiff’s child in gaol without a warrant, and for expenses incurred, and loss of time in obtaining the child’s release. Mr Hawkins (from the office of Mr Ward) appeared for the plaintiff, and Mr B. C. Haggitt for the defendant. The plaintiff stated that his child, aged 4 years in April next, had been kept in gaol against his wish, having been detained with her mother, who was imprisoned in default of finding security to keep the peace for two months as she Avas ordered to in a recent Police Court case. He, the plaintiff, had applied to the gaoler for the child’s release, but it had been refused. He then obtained a writ of habeas corpus from the Supreme Court, and in doing so incurred an expense of L 9 17s 6d for costs ; and also lost a fortnight’s time, which he estimated at 17s 6d per day. Mr Haggitt submitted that there was no case, and raised the following objections : Ist, the defendant was a public officer, and was entitled to a month’s notice of action ; 2nclly, there was no proof of the plaintiff being the child’s father ; and 3rdly, the child being under 4 years old, the mother was its proper custodian. The Magistrate held the first objection to be fatal, and non-suited the plaintiff. Amie Mansfield v. Margaret Buchanan, a claim of L2O for damages sustained by the defendant having assaulted the plaintiff ; and for the wilful destruction of dress. The assault arose out of ‘ ‘ girl’s fight,” and as the parties swore diametrically opposite as to who was the primary cause of it, the case was dismissed.
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Bibliographic details
Evening Star, Volume III, Issue 850, 26 January 1866, Page 2
Word Count
304Police Intelligence. Evening Star, Volume III, Issue 850, 26 January 1866, Page 2
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