34 PROCEEDINGS OP THE AMERICAN ACADEMY 



it is proper to cause a scientific investigation to be made into the causes 

 and circumstances of such death, it shall be his duty forthwith to apply 

 to one or more of the justices of the Supreme Judicial Court to appoint 

 one or more discreet and experienced experts, who shall be deemed to be 

 competent to conduct such investigation, and to form a conclusion upon 

 the questions involved therein. And said justice or justices shall there- 

 upon select and appoint such expert or experts accordingly. The com- 

 pensation which shall be adjudged reasonable by the Court for the services 

 of such experts, together with the costs of making such investigation, 

 shall be allowed and paid in the same manner as other costs in criminal 

 proceedings. 



Section 2. If, in the trial of any issue in any of the courts of the 

 Commonwealth, the presiding judge shall be of opinion that the testi- 

 mony of one or more expert witnesses, versed in matters of skill or 

 science, a knowledge of which is material to a satisfactory determination 

 of such issue, may be useful or important in such trial, it shall be com- 

 petent for such judge, upon the application of either party to such issue, 

 and after a hearing of such parties, if they shall desire it, to select and 

 appoint one or more such expert witnesses, and to require their attend- 

 ance to give testimony in such trial. And the witnesses so selected and 

 appointed shall attend and be examined in the same manner as other and 

 ordinary witnesses, when testifying in the trial of such issues. The 

 court shall allow such witnesses, for their services and attendance in such 

 trial, such sum as may be adjudged reasonable, to be advanced and paid 

 as is provided in respect to the fees of ordinary witnesses. And the 

 sums so advanced and joaid by either party, if prevailing in the suit, 

 shall be charged by and allowed to him as a part of his costs, as in the 

 case of other witnesses, unless the court for good cause shall order other- 

 wise. 



Section 3. Neither party shall be entitled to claim a delay or continu- 

 ance of any trial, for the purpose of calling in the testimony of expert 

 witnesses, unless the court shall be satisfied that there has been no 

 xmreasonable delay in making application for such appointment. 



