A PECULIAR CASE

Southland Times, Issue 17619, 6 April 1914, Page 5

A PECULIAR CASE

MARRfUD MAN’S INFATUATION. FOR HUS STKP-UAUGHTUR. (Per United Press Association). WELLINGTON'. April r.. Tlio infatuation of a married man for his newly - arrived stepdaughter gave rise to a peculiar case heard at the Supremo Court by tho Cliie.f Justice. Application was made by Mary Jane Deli (Mr A. Dunn) for a writ of habeas corpus with respect to her daughter Alice Gertrude, aged 17 years. The application was opposed on behalf of applicant s husband, Arthur Dell, and the daughter, by Mr .1. G. Dale. It was explained that the step-daughter had only recently arrived from Ungland, where she had for many years been in the carp of other people in her mother s hehall. Dale argued that the issue of a writ by which the moTUt-r sought to obtain custody ol the girl was not possible, because the girl was no longer an infant. His Honour said that in New Zealand and infant was a person under 21 years of age. Mr Dale contended that New Zealand law in jeference to the habeas corpus principles followed exact I v the law of Ungland. There it was laid down that 1-1 years in the ease of boys and 1G years in tho case of girls was* the age at which an infant could consent or decline to ho in any particular custody. From (hat point of view the girl was no longer an infant, and not being in her mother’s custody could not he forced into it. She was reallv in nobody's custody as being over Ifi years she was her own mistress. His Honour pointed out several objections to counsel’s argument, asserting that the age of 21. as defining an infant, was ol general application in New Zealand in the absence of special provision to the contrarv. in reference to the statements regarding the relationships alleged between the husband and the girl, it was stated by Mr Dunn that the facts were at variance with the affidavit of Dell, and His Honour suggested that the case was a fit one for a prosecution for perjury. -Mr nuun saill that he was taking steps to take proceedings. Mr Dale; The perjury was not all on one side. ,1 udgmenl was reserved.