FASCINATING "INFANT."

Poverty Bay Herald, Volume XLI, Issue 13349, 6 April 1914, Page 8

FASCINATING "INFANT."

PREFERENCE FOR STEPDAUGHTER

(Par Press Association.) WEiLI-NGTON, last night. The infatuation of a married man for his newly-arrived stepdaughter gave rise to a peculiar case heard at the Supreme Court by the Cliief justice. Application was made by Mary Jane Dell (Mr A. Dunn) for a writ of habeas corpus m .respect, to her daughter Alice, Gertrude, aged 17. The application was opposed on behalf of the applicant's husband, Arthur Dell, and the daughter by Mt J. M. Dale. It was explained that the stepdaughter had only recently arrived from England, where she had for many years been m care of other people m her mother's behalf. Since her arrival the preference of her stepfather for her had caused her mother to leave h',.mc. Mr Dale argued that .tfle issue of the writ by which the mother sought to obtain custody of the girl was not possible because the girl was no longer an i:ifant.._. His ..Honor, .said that m New Zealand, an infant was a person under 21 years of ;age. Mr Dal<- contended that New Zealand law m reference to habeas corpus principles followed exactly the law of England. There it was laid . down that 14 m the case of boys and 16 m the ■case of girls was the age at which an infant icould consent or decline to be -m any particular custody. From that •point A-yiew, the girl was no longer an infant, and, not being m her mother's custody, could not be forced into it. She was' really in' nobody's custody. Being oy^r 16 she Avas her own mistress. His Honor pointed out several objections to counsel's argument, asserting that the age of 21 as defining an infant was of general application m New Zealand m absence of special provision to the contrary. In reference to statements regarding (relationships ' alleged l>etween the husband arid the girl, it was stated by Mr Dunn that the facts were at variance with the affidavit of Dell, and his Honor" suggested that the case was a fit on© for a prosecution for perjury. Mr Dunn said he was taking steps to take proceedings. Mr-Dale: The perjury is not all on one side. Judgment was reserved.