Ginx's Baby [13]
me, has much the same force and intention as the previous words. It is to be noted, however, that it is separated from them by the disjunctive 'or;' and, therefore, it might be argued with some plausibility that any act of forceful or fraudulent detention, after notice, by persons who have originally acquired a child's custody in a lawful way, came within the section. The point is new, and of great importance; and if the Protestant Detectoral Association feel disposed to try it, they would do so under favorable circumstances in the present case. Should they decide to do so, a written demand should be served upon the authorities of the convent, by the mother, or some one acting on her behalf, to give up the infant. "2. The second question is also involved in difficulty. Were the father to be joined in the proceedings, the writ of Habeas Corpus would be the correct remedy. But his probable refusal necessitates the inquiry whether the mother can alone apply for the writ. The general rule of law is, that the father is entitled to the custody and disposition of his children. In Cartlidge and Cartlidge, 31, L. J., P. M. & D. 85, it was held that this rule would not be generally departed from by the Divorce Court; but in Barnes v. Barnes, L. R. I, P. & D. 463, the court made an order, giving the custody of two infant children to the mother, respondent in a suit for a dissolution of marriage, on the ground that the mother's health was suffering from being deprived of their society, and that they were living with a stranger, and not with the father. These cases were, however, in the Divorce Court, and do not apply. But, as there seems to be much ground in the peculiar circumstances here, for arguing that the mother should have the custody of the child, or, at least, that it should not be left to that of persons of a different religion from both parents, an application might be made to the Queen's Bench to try the question. "3. Should the common law remedies fail, resort may perhaps be had to the powers in Chancery under Talfourd's Act, but on this point I should like to confer with an equity counsel before giving a decided opinion. It has been decided under this Act that the court has power to give the custody of children under seven to the mother. (Shillito v. Collett, 8, W. R. 683-696.) As this infant is but six weeks old it comes within that case. "4. I have no general advice to give on behalf of the infant. "ADOLPHUS STIGMA, "9, Plumtree Court." If none of the courses suggested by Mr. Stigma was very decided, Messrs. Roundhead, Roundhead and Lollard were not sorry to have three strings to their bow. The Detectoral Association were good clients; most of their funds went into their lawyers' pockets. It was part of their policy to be litigious. Thereby the world was kept alive to the existence of Papacy within its bosom. Who shall say the Association were wrong? Some healthy daylight was occasionally let in upon the mysteries of Jesuitism, and there are people who think that worth while at the risk of a chance injustice. Though the Devil should not get his due, few would give him any sympathy. The solicitor at once instructed Mr. Dignam Bailey, Q.C., to apply with Mr. Stigma to a magistrate for a summons. Mr. Bailey, Q.C., was not chosen for his partialities. In religious matters he was a perfect Gallio; but he was like St. Paul in one particular, he could be all things to all men. V.--Magistrate's Law. The personnel of the magistrate to whom Mr. Dignam Bailey, Q. C., (with him Mr. Adolphus Stigma), applied in the case of re an infant, exparte Ginx, is not material to this history. He was like his fellow stipendiaries --mild as to humor, vigilant in his duties, opinionated in his views, resenting the troublesome intrusion into his court of a barrister, apt to treat him with about one-eighth of the courtesy extended to the humblest junior by the Queen's Bench, and curiously unequal both with himself and his brother magistrates in adjusting punishment. It will be