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DR BARNARDO.

A CASE IK" THE COURT OF APEAL. The Court of Appeal on July 16 upheld the decision of a Divisional Court, granting an attachment against Dr Barnardo for contempt in respect to the removal of a child from the jurisdiction of the Court for a charitable object. The ' Daily News' of July 17 gives the following concise summary of the case : *• The Court of Appeal have administered « severe rebuke to Dr Barnardo, and apparently it was not andeserved. In July of last year he received into one of his Homes a little giri named Margaret Tye, ander an agreement with her mother which empowered him to Bend her to a situation in Canada. Some months later the mother married again, and on the ground that she was in improved circumstances, applied to have the child restored to her. This was on December 14. Dr Barnardo replied by sending her out of the country under the charge of a lady who was about to travel on the Continent, and ultimately to proceed to Canada. Legal proceedings were then C)mmenced, and in January a writ of Aabe.au corpus was issued calling upon him to produce the child in Court. He was allowed till April 30 for this purpose, and in the interval he wrote two letters to the lady asking for her assistance, but without effect. The only result was to arouse her indignation at his expecting her to co-oper-ate in handing the child back, as she said, to •in and misery. Foiled in these endeavors, Dr Barnardo made a return to the writ, in which he pleaded that the child was not under his control, and that he could not obey it. The Divisional Court, consisting of Mr Justice Mathew and Mr Justice Grantham, field that this was evasive, and directed an attachment to issue against him for contempt of Court. The Court of Appeal, after an argument extending over two days, have now upheld this decision. We have not mentioned the charges of disgraceful conduct which Dr Barnardo made against the parents, and which prompted him in his course of action. Though honestly believed in, they seem to have been made upon insufficient evidence, and they have not been allowed to be any justification. Nor is it material that the real intention of the parents was to send her to a Roman Catholic institution. The mother of the child had a clear right to revoke the agreement, and the moment she did so Dr Barnardo's custody of her became wrongful. The rest follows as a matter of law, in ■epite of the fact that he is acquitted of any deliberate intention to commit a .contempt of Court lb being once decided -that after December 14 the child was •wrongfully in his possession, he was round p/b hfe peril to obey the writ of habeas carpus

unless lie could show that ho hud in some lawful way got rid of liar. This, of coin-so, im ("mill not i'ii, ar.'l ho is liulil<! to the u-iul consequences of not making a proper return ; that is, he ia treated as having committed a contempt of Court. The Master of tho Rolls did full justice to the good work he is doing, and everyone will endorse the eulogy which he passed upon it. But in the present instance his zeal has led him beyond his proper sphere. Had he kept the child mider his control and produced her in Court, he could then have made his charges against the parents, and if they had been substantiated it is very unlikely that she would have been restored to them. But instead of this he constituted himself the judge in the matter, and by the course he adopted rendered it impossible for them to assert their rights In ace 3rdance, therefore, with the original judgment, ho remains at large until he has answered such interrogatories as may be put to him, and the manner in which he does this will probably settle whether he shall be allowed to purge his contempt without being subjected to actual punishment."

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/ESD18890831.2.29

Bibliographic details

DR BARNARDO., Evening Star, Issue 8000, 31 August 1889

Word Count
683

DR BARNARDO. Evening Star, Issue 8000, 31 August 1889

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