RELEASE OF SAMUEL DES FORGES.

New Zealand Mail, Issue 766, 5 November 1886, Page 10

RELEASE OF SAMUEL DES FORGES.

Samuel Des Forges, bankrupt, formerly a blacksmith at Pahautanui, who was on Thursday sentenced by his Honor the -Chief Justice to fourteen days’ imprisonment for failing to keep satisfactory accounts, and was on the same day arrested by Detective Campbell, was released from custody on Tuesday afternoon. On Saturday morning an order nisi was granted by the Chief Justice, on the application of Mr Skerrett, calling 31 pon the Gaoler at the Terrace Gaol, where X>es Forges was confined, to show cause why a writ of habeas corpus should not be issued for the discharge of the prisoner, and why, if the said order or rule nisi should be made absolute, the prisoner should not be discharged, without a writ of habeas corpus being issued, on the following grounds :- (1) That it does not appear from the said orderthat thesaidSamuelDesForgeshad been adjudged, a bankrupt, and therefore that the said order does not disclose that any offence has been committed by him, or that the Court making the said order had jurisdiction or power to make it; (2) that it does nob appear from the said order that the said Court had power or jurisdiction to make the same ; (3) that it does not appear from the said order that the same was made oujubhc examination of the said Samuel Des Forges, pursuant to the Bankruptcy Act, 1883 ; (4) that the said order does not adjudge that the said Samuel Des Forges had committed any offence ; (5) that the said order does not show with certainty or with sufficiency and particularity the offence committed by the said Samuel Des Forges in respect of which such order has been made ; (6) that the said order does not appoint or direct the prison or gaol in which the said Samuel Des Forges should be imprisoned ; (7) that the said order does not adjudge whether the said Samuel Des Forges should be imprisoned with or without hard labor, pursuant to statute ; (S) that the said order does not adjudge the date from which the imprisonment thereby ordered shall commence ; (9) that the said order does not authorise the arrest and imprisonment of the said Samuel De 3 Forges in the said gaol. The matter was argued before the Chief Justice on Tuesday, Mr Skerrett, with him Mr Thompson, appearing on behalf of the bankxupt. His Honor eventually ruled that the order for commitment oE Des Forges to gaol was bad on the face of it, and that a fresh order could not bo substituted. The rule nisi was made absolute, and on service of it on the Gaoler Des Forges was liberated at about 4in the afternoon. The matter will probably be the subject of further proceedings.