APPENDIX. 177 
for without such testimony the course of justice must be 
‘stopped. Zhe latter 7s under no such obligation, there is 
no such necessity for his evidence, and the party who selects 
him must pay him.” In the case referred to by Mr. Justice 
Maule, a skilled witness had been subpcenaed, but he re- 
fused to give evidence unless first paid for his services and 
loss of time (Medical Times and Gazette, April 26, 1862, 
p. 432). A barrister, who quotes this ruling, goes on to say: 
“There is one reason why I should not advise any person 
in the position of a skilled witness totally to disregard a 
subpcena. It is quite clear that should such a person fail 
to attend a trial no attachment could issue, even if he were 
' called as is usual upon the subpoena, because the party 
subpcenaing him could not make the requisite affidavits 
that he was damnified ‘by the witness’s absence and in what 
respect. Butsuch party might bring an action for damages ; 
and although he would recover none, he might not only 
worry, but might even put the defendant to a considerable 
expense, as taxed costs by no means include the entire costs 
in such cases. Although, therefore, I could not advise a 
‘total neglect of the subpcena, the safest course would be to 
} obey it, and demand expenses before giving evidence. Such 
“expenses would be orily those allowed for a professional 
fwitness (not special fees) ; but if the person so subpoenaed 
‘were willing to run the risk of an action, he might safely 
‘absent himself without any fear of an attachment from the 
Court for contempt.” With regard to the question whether 
a skilled witness would be permitted to demand a high fee 
for his attendance under such circumstances, the writer 
adds : “To permit him legally to demand a high fee would 
pethaps look somewhat like legally countenancing a bribe.” 
At all events there is no such legal recognition. 
In a case which came before the Court of Exchequer in 
‘May 1868 (Maxted v. Morris), a witness wilfully disobeyed 
asubpcena. In consequence of this the trial was postponed 
