APPEAL COURT.

Ashburton Guardian, Volume XXXIX, Issue 9658, 15 July 1919, Page 5

APPEAL COURT.

WELLINGTON, July 14

The Court of Appeal this morning gave judgment in the case of the Auditor-General v. the Eltham Drainage Board, the point at issue being whether the Drainage Board was entitled to pay the chairman travelling expenses as in the case of the County Council. The Court held that the provisions of Section 14 of the Land Drainage Act were conferred for the purposes of the administration<6f the Act and therefore the payment of travelling expenses to the chairman ofr the board was, justifiable. Fifteen guineas costs were allowed.

The Court of Appeal this morning heard the case of Rex v. Anderson. This was a.case reserved by Mr Jubtice Cooper. A prisoner, while under arrest charged with theft, was taken ill and sent to the Waikato Hospital, but uo order under Section 46 of the Prisons Act was made for such removal; to tho hospital. After : about a irionth in. the hospital Anderson had recovered} Ms 'clothes were given him by a nurse, and'he left the hospital without the knowledge of tho hospital authorities and 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 46'pf the Prisons Act had no application to the ease and that he had committed the offence with which he was charged. The Solicitor-General appeared for the Crown. The prisoner was not represented by counsel.