ESTED TO ADVISE:
"1. Whether a summons should be taken out before a magistrate against
the Lady Superior of the convent, for enticing away or detaining the
infant, under the 56th sect. of 24 and 25 Vict., c. 100 Or,
"2. Whether the proper remedy is by a writ of Habeas Corpus? and, if
so, whether it is necessary that the father should be joined in the
proceedings or his leave obtained to prosecute them? Or, failing these,
"3. Whether counsel is of opinion that this is a case within Talfourd's
Act, and an application might not be made to the Lord Chancellor, or
the Master of the Rolls, on the mother's behalf for the custody of her
child? And,
"4. To advise generally on behalf of the infant."
Mr. Adolphus Stigma took ten days to consider. Meanwhile, the infant
Ambrosius continued to thrive on conventual pap. Then Mr. Stigma wrote
his opinion. It was a model for a barrister. You took the advice at your
own peril--not his. Therefore I transcribe it.
"OPINION.
"I have given to this case my most careful attention; and it is one of
great difficulty. Having regard to the questions put to me, I think--
"1. Section 56 of the Act of 24 and 25 Vict., c. 100, appears at first
sight to be directed against the stealing and abduction of children for
marriage, or other improper purposes. It provides that 'Whosoever shall
UNLAWFULLY, either by force or fraud, lead or take away, or decoy,
or entice away, or detain any child, &c., with intent to deprive ANY
parent, &c., of the possession of such child'--shall be guilty of
felony. It is perfectly clear, that in the case before me, the infant
was not, 'by force or fraud, led or taken away, or decoyed, or enticed
away.' The statute, however, uses the word 'detain;' and this, it
appears to 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
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