50 THE LAW AFFECTING ENGINEERS 



his expenses for residence prior to the day of making his report. 

 (See May's Parliamentary Practice, 1906, p. 434.) 



A civil engineer or architect is allowed his actual travelling 

 expenses, and for every day or part of a day that he is neces- 

 sarily kept from home 3 3s. per day. Special allowances 

 have also been made to defray the expenses of official 

 substitutes. 



25. Courts of Arbitration. Engineers are frequently sum- 

 moned as witnesses in arbitration proceedings which involve 

 protracted inquiry into matters of technical and scientific 

 interest. A party to an arbitration held under the Arbitration 

 Act, 1889, may subpoena a witness to attend at the arbitration 

 to give evidence, and to produce documents (Arbitration Act, 

 1889, s. 8). In such a case the attendance of a witness may 

 be enforced. He is entitled to his fees and expenses just as if 

 he were being examined in a case in Court. Fees amounting 

 to considerable sums are often allowed in these cases. In 

 Brocklebank v. Lancashire and Yorkshire Railway, 1887, 3 T. L. 

 R. 575, a claim for compensation to be paid to the plaintiff by 

 the defendant railway company was referred to arbitration, 

 the railway company agreeing to pay all costs, charges, and 

 expenses. The plaintiff called certain surveyors as witnesses, 

 who would not accept less than Ryde's scale. It was held that 

 as the skilled evidence called by the plaintiff was not dispro- 

 portionate to that called by the railway, and as the experts 

 were necessary to the plaintiff's case, and would only give 

 evidence on the payment of these fees, they ought to be allowed 

 on taxation. But the Court said that nothing in their judg- 

 ment must lead to the supposition that they expressed any 

 approval of that scale of charges. In another case (Drew v. 

 Josolyne, 1888, 4 T. L. R. 717) the Court allowed a surveyor 

 30 as a qualifying fee, and 3 3s. a day for attendance for the 

 six days during which the arbitration lasted. These were the 

 sums allowed on taxation ; the surveyor had preferred a larger 

 claim which was presumably met by the person employing him. 



