176 . APPENDIX. 



this subject which it will be proper to consider in this 

 place. If a subpcena is served on an ordinary or skilled 

 veterinary witness^ is he bou7id to obey it? In Belts v. 

 Cliffo7'd (Warwick Lent Assizes, 1858) the late Lord 

 Campbell stated, in answer to a question, that a scientific 

 witness was not bound to attend upon being served with a 

 subpoena, and that he ought not to be subpoenaed. If the 

 witness knew any question oi fact he might be compelled to 

 attend, but he could not be compelled to give his attendance 

 to speak to matters of opiftion. 



In Rich V. Pie7'poi?it, an action for malapraxis, Dr. Lee 

 was summoned against his will to give evidence on the part 

 of the plaintiff. He stated that on the evening before the 

 trial a solicitor called on him and left a subpoena with him. 

 Dr. Lee would not hear any account of the case which the 

 solicitor proposed to give, and expressed his resolution to 

 have nothing to do with the trial. The solicitor informed 

 him that he would be required to pay the usual penalty if 

 he did not attend. He went down to Kingston, and was 

 warned not to leave the Court until the trial was over. He 

 heard the evidence on the part of the plaintiff, and upon this 

 and the medical evidence he gave his opinion — not much 

 in favour of the party who summoned him, and not much 

 against him. Dr. Lee considered that he could not avoid 

 attending the trial under these circumstances. {Medical 

 Times and Gazette, April 12, 1862, p. 389.) 



In the case of Webb v. Page (" Carrington and Kirwan's 

 Reports," p. 23), the late Mr. Justice Maule ruled as follows : 

 — " There is a distinction," said his Lordship, " between the 

 case of a man who sees a fact and is called to prove it in a 

 Court of justice, and that of a man who is selected by a party 

 to give his opinio7i on a matter on which he is peculiarly 

 conversant from the nature of his employment in life. The 

 former is bound, as a matter of public duty, to speak to a 

 fact which happens to have fallen within his own knowledge 



