Mr. Sergeant Lens, in showing cause against the rule, contended that the allowance for loss of time to Dr. Thomson was a very natural and just one. Dr. Thomson was Professor of Chymistry in the University of Glasgow, and had been obliged to come up to London three times, at considerable inconvenience and expense, to give evidence in the case. He had been at great trouble in making and superintending experiments, and the prothonotary, in taking the costs, had allowed a reasonable sum for the whole. It was the same in the cases of the other scientific gentlemen who attended.
The Prothonotary here observed, that he considered the allowance for expenses and loss of time of Dr. Thomson and other gentlemen as very just. It was usual to allow for loss of time in such cases.
The Chief Justice said, that in certain cases allowances were made for loss of time, and the question here was, how far the present case came within the rules of those allowances. As a general principle, allowances to witnesses for loss of time could not be maintained. No doubt it was a great inconvenience, that individuals whose business required their whole time should be obliged to devote part of that time to the concerns of others without reward; but it was an inconvenience to which all were equally subject in turn; and as it was to answer the ends of public justice, it ought to be borne. As to allowance for loss of time, he considered the thing decided by the case of Willis v. Peckkan (4th Moore). An action had been brought in that case to recover 3l. for loss of time whilst giving evidence in a case. It was contended for the defendants that no such action could be maintained, except by medical men and attornies. The court was of the same opinion; but the jury, nevertheless, found a verdict for the plaintiff. In the following term a motion was made to have the verdict set aside and a nonsuit entered. The court, after hearing the arguments on both sides, decided that a nonsuit must be entered; and further held, that only medical men and attornies could
