PREFACE vii 



studying the text is referred (by cross-references) to the 

 material clauses in the forms printed in the Appendix ; while 

 an explanation of most of the difficult clauses in the forms will 

 be found somewhere in the first part of the book. In the 

 course of Chap. IV. the author has endeavoured to give a 

 few hints to the engineer who is called upon to fill the difficult 

 position of an expert witness. In making this attempt, he is 

 fully conscious of the fact that he has undertaken to do a bold 

 thing : namely, to teach the members of a great profession a 

 part of their own business. Again, it may seem improper 

 even to suggest that there can be more than one way of telling 

 the truth ! But there is more than one way of saying the 

 same thing. There is a right way and a wrong way. The 

 " expert " who appears in that capacity for the first time may 

 choose the wrong way, to the discomfiture of those on whose 

 behalf he has been retained. A few suggestions, therefore, made 

 from the lawyer's point of view, may not be deemed inappro- 

 priate. In Chap. XX. an attempt is made to explain the 

 duties and functions of an arbitrator. Engineers are frequently 

 nominated to act in this capacity, and it is by no means an 

 easy duty to discharge. It is hoped that the reader, by perus- 

 ing this chapter before he takes upon himself " the burden 

 of a reference," may lighten that burden in a material degree. 



Most of the cases referred to have been found in the English 

 reports ; but with a view to making some points clear, the 

 author has been compelled to cite Scotch and Irish decisions. 

 He has also referred to a few important judgments delivered 

 in Canada and the United States of America. 



The " Suggested Rules of Etiquette," which are to^be found 

 on p. 5, were published in the Electrical Review, October 24, 

 1902. They closely resemble certain rules recently laid before 

 the Institution of Civil Engineers which could not be embodied 

 in this work as they were of a confidential nature. 



The .author desires to thank his brother, Mr. Robert S. Ball, 

 and Mr. W. H. Patchell, M.I.C.E., for many valuable sugges- 

 tions. He is also obliged to Mr. G. A. Layton, of the Middle 

 Temple, for kindly reading the proofs. 



W. V. B. 



TEMPLE, 



June, 1909. 



