48 



THE LAW AFFECTING ENGINEERS 



the plaintiff for their surveys and reports were allowed on 

 taxation, and the same practice has been followed since 1877. 

 A moderate fee, such as 11. Is. a day, may be allowed 

 for a scientific witness to read up a case for the purpose of 

 giving evidence (Smith v. Buller, 1875, 19 Eq. 473). Cases 

 relating to the employment of medical men may be usefully 

 quoted in this connection. In Ryan v. Dolan, 1872, L. R. Ir. 

 Eq. 92, which was decided in Dublin, a fee of 71. Is. a day 

 was declared to be reasonable remuneration for a medical 

 expert. It was also decided in this case that the remuneration 

 for loss of time which medical witnesses attending during the 

 examination of other witnesses fairly claim may be paid to 

 them and charged to the opposite side. In the above cases 

 the question as to the amount of the expert's fee was not in 

 issue between him and the party who retained him, but 

 between the parties to the action upon taxation of the bill of 

 costs. We may assume, however, that in cases where an 

 expert finds it necessary to sue for his fee, the Court in 

 arriving at a decision upon the matter would observe the rules 

 which guide the Taxing Master. Thus the length or complexity 

 of the suit, and the necessity for the constant attendance of the 

 witness at Court, might be taken into consideration. 



22. In the County Court. As might be supposed, the 

 engineer summoned to give evidence at a County Court is not 

 usually allowed as much as he would obtain for similar services 

 in the High Court. The following table serves to indicate how 

 much will be allowed him on a taxation in the County Court : 



SCALES OF ALLOWANCES TO WITNESSES IN COUNTY COURT. 

 Gentlemen, merchants, bankers, and profes- 

 sional men, per diem . . . . . . 15s. to 1 Is. 



Expert and Scientific Witnesses. 



