44 THE LAW AFFECTING ENGINEERS 



Law Procedure Act, 1854, s. 23). In such a case previous 

 statements in writing need not be produced unless required 

 by the judge, but if the witness is to be contradicted by the 

 writing, his attention must be drawn to the parts to be used 

 for that purpose (ib., s. 24). 



Counsel whose duty it is to cross-examine are glad to get 

 hold and avail themselves of some previous statement made 

 by an expert, whether on oath or otherwise. The importance 

 to the witness of ransacking his memory as to how he has 

 committed himself upon the subject in question will therefore 

 be manifest. He should remember, however, that when 

 charged with having put his opinion into writing, he is 

 entitled, according to the rule above enunciated, to have the 

 writing produced to him. 



13. When a witness is justified in refusing to answer ques- 

 tions. No witness can be compelled to answer any question 

 the result of which will be to expose him to any kind of 

 criminal charge, or to any penalty of forfeiture. It is for the 

 judge to decide whether a particular question would have this 

 effect (Ex p. Reynolds, 1882, 20 Ch. D. 298). A witness must, 

 however, answer any question although his answer may tend 

 to bring other persons into disrepute ; but it need hardly be 

 pointed out that no action for libel or slander can be brought 

 against him in respect of any such answer. 



14. The use of plans and models. If the subject under 

 discussion is capable of being shown on a plan, the engineer, 

 if called into the case at an early stage, should at once point 

 out the advisability of having a plan. A model, or, if the case 

 relates to a machine, a working model, may also be very useful, 

 and should in all cases be prepared if possible. 



15. Consequences of non-attendance. It is hardly necessary 

 to enter at any length upon a discussion as to the consequences 

 of non-attendance as a witness. Nevertheless a knowledge of 

 a few of the rules which guide the Court in determining 

 whether the witness shall be punished for his omission may 

 be found useful. In the first place the person who applies 

 for the attachment must be in a position to show that every- 

 thing has been done which was necessary in order to secure 

 the attendance of the witness. The fact of the immateriality 



