APPEAL COURST.

Hokitika Guardian, 16 July 1919, Page 4

APPEAL COURST.

TWO JUDGMENTS GIVEN. WELLINGTON, July 14

The Court of Appeal this morning gave judgment in the case of the Au-ditor-General v. the Eltham Drainage Hoard, the point at issue being whether the Drainage Board was entitled to pay the chairman’s travelling expenses as in the case of the county council. The Court held that the provisions of Sections 14 of the Land Drainage Act were conferred for tlic purposes of the administration of the Act and therefore the payment of travelling expenses to the chairman of the Board was justifiable. Fifteen guineas costs were allowed. The Court also heard the case of Rex versus Anderson. This was a ca.se reserved by Mr Justice Cooper. A prisoner, while under arrest charged with theft, was taken ill and sent to the Waikato Hospital, but no order under Section 4(5 of the Prisons Act was made for such removal to the hospital. After about a month in the hospital Anderson bad recovered. His clothes were given him by a nurse and be left the hospital without the knowledge of the hospital authorities or the police. He was subsequently arrested on a charge of escaping from custody. The judge reserved the question as to whether he was, when he left the hospital, in lawful custody. The Court of Appeal held that Section 4(5 of the Prisons Act had no application to the case and that he had committed the offence with which he was charged. The Soilcitor-Gencral appeared for the Crown. Tlic prisoner was not represented by counsel.