PKEFACE 



HE who essays to write the law relating to engineers is beset 

 with many difficulties. The statute book is of but little use as 

 a work of reference ; for, unlike the lawyer or the doctor, the 

 engineer occupies no position recognised by the legislature. 

 The powers and duties of a solicitor are defined by Act of 

 Parliament : he owes fealty to the Incorporated Law Society. 

 The registered medical practitioner is responsible to a statutory 

 body known as the General Medical Council. But the engineer 

 is legally beholden to no one. How then shall one define what 

 is breach of professional duty on the part of an engineer ? 



The case law of England does not help much in the solution 

 of this question. The engineer seldom figures in the Courts 

 as a litigant. The Law Reports record but few actions for 

 fees ; nor is it easy to find reports of cases where engineers 

 have been successfully or unsuccessfully charged with negli- 

 gence. It would seem that, although engineers are daily 

 engaged upon matters which involve enormous sums of money, 

 and which frequently lead to litigation, the personal conduct 

 of the engineer is but seldom called in question. If cases do 

 occur in which the position of the engineer is discussed, they 

 are generally referred to arbitration. The inquiry is then 

 conducted, so far as the law reports are concerned, with closed 

 doors ; and no permanent or accessible record of the pro- 

 ceedings is preserved. Hence there are grave difficulties to be 

 surmounted by any one who tries to write of the status or legal 

 position of the engineer. 



In spite of all these difficulties, the author has attempted, 

 in Chaps. I., II., III. and V. of this work, to collect together 

 all that can be said of the status of an engineer ; his right to 

 sue for fees ; the terms of his employment ; and his liability 

 to actions for negligence. 



He must leave it to his readers to say whether he has suc- 

 ceeded in explaining the legal position of the engineer in his 

 private capacity. 



There are, however, certain functions performed by the 



