AN UNUSUAL INCIDENT.

Taranaki Daily News, Volume LVI, Issue 264, 6 April 1914, Page 5

AN UNUSUAL INCIDENT.

MAN'S INFATUATION FOR STEPDAUGHTER. , By 'Telegraph—.Press Association. '' Wellington, Last Night. „ , The infatuation of a married pun for * J his newly-arrived step-daughter gave ■? rise to a peculiar tese heard at Sn< ' preme Court by the Chief Justice. V Application was madp by Mary Jiyft ■ ? Dell (Mr. A. Dunn) f<rf a writ, of * ,'i habeas corpus in respect to her daughter, ■ 4 Alice Gertrude, aged 17. The aurifcation was opposed, on behalf of the applieahtto - husband, Arthur Dell, and for the daugh- '.J ter by Mr. J. M. Dele. It was explained that the step-daughter had only recently arrived from England, where ehd > 1 j had for many years been in the cate .of • other people jn her mother's bebttf. , Since her arrival the preference of ier :;tei stepfather for ner had caused her no- - ■') ther to leave home. , j »',i Mr. Dale argued that the issue of »' | writ by which the mother. Bought -to "j obtain custody of the girl was not po»- <■ *»;S sible, because the girl was no longer jut ' VI ! infant. * >1 His Honor said that in New Zealand .' } an infant was a person undei 1 21 yew , of age. / ■ '{t-'M

of age. . / ■ i-'J Mr. Dale contended that New Zealand ' law in reference to Habeas Corpus jjiin- ''! ciples followed exactly the law of Sw* ' i land. There it was laid down thaijTl 5| years in the case of boys, and 18 ,''» i in the case of girls, was the age-vat \ ijg which an infant could consent or decftxe . v -^,l to be in any particular custody. Ttom ' in that point of view the girl was no long/ft * j an infant,' and, not being in the (DOther'a custody, could not be forced ijtty • -[.l it. She was really in nobody's custody. \ -~j over 10, she was her ov*n mis- '■

ross. , . Ml Hi* Honor pointed but several objec- s '' ions to counsel's argument, asserting that the age of 21, as defining an infut,', was of general application in New SSea* land, in the absence of special provitiSon to the contrary. , In reference to the statements rfr- 1 garding the- relationships alleged!i.--l)e- • i twuen the husband and the girl, Jt wap' W stated by Mr. Dunn that the facts-Wfeti at variance with the affidavit of Dell, •' and his Honor suggested that the caw • t .was a fit one for a prosecution for per- ■ |j" r y. 5Mr. Dunn said he was taking etpps , • •■a to take proceedings, » > ~ Mr. Dale: The perjury is not all 0# , one side. 'Jj Judgment was reserved. '**l6 - . - .vi'iS