THE ENGINEER AS WITNESS 



47 



20. In the High Court. The following table forms part of 

 a complete table set out in the Yearly Practice, 1909, at 

 p. 2006. It has no statutory authority, but is used by Taxing 

 Masters as a guide. 



If the witnesses attend in one cause only they will be 

 entitled to the full allowance. If they attend in more than 

 one cause they will be entitled to a proportionate part in each 

 cause only. 



The travelling expenses of witnesses shall be allowed 

 according to the sums reasonably and actually paid, but in 

 no case shall exceed Is. per mile one way. 



The following rules are also observed by the Taxing 

 Masters : " A party, if a material and necessary witness, will 

 be allowed for loss of time as if he were a stranger to the suit. 

 To a witness in public service, or employ of railway company, 

 an allowance for loss of time on the basis of witness' salary will 

 be made by way of recoupment to employer. If witnesses for 

 a railway or other company are carried or kept nominally 

 'free' by the company, the ordinary cost of tickets or keep 

 will be allowed by way of recoupment." 



Keeping witness after evidence given. In very exceptional 

 cases, involving scientific or technical evidence, it may be 

 proper to allow a plaintiff to keep one expert until the 

 defendant's experts have given their evidence (see Yearly 

 Practice, 1909, p. 2007). 



21. Special allowances to experts. The Rules of the High 

 Court provide that upon the taxation of costs " such just and 

 reasonable charges and expenses as appear to have been 

 properly incurred in procuring evidence and the attendance 

 of witnesses are to be allowed." For instance, in one case 

 tried so long ago as 1877 (Mackley v. Chillingworth, 1877, 

 2 C. P. D. 273), the fees paid to two surveyors employed by 



