The Chief Justice.—But do barristers take the allowance?
The Prothonotary.—In some cases, my lord, it is allowed.
The Chief Justice (after consulting for a short time with the other Judges) said we shall not say any thing more upon this, than that it must be referred back to the master to revise the costs, and that the experiments are not to be allowed: nor is allowance to be made for loss of time as such; but let it be understood that physicians are to be allowed as usual.
The Prothonotary begged to know how he was to reckon physicians, was it by diploma?
The Court said by practice. It was not to be expected that a physician was to take his diploma about in his pocket.
The Prothonotary again begged to trouble their lordships. There was another class of persons who were frequently allowed much more than any professional men—he meant surveyors. Sometimes very high charges were made for them. For instance, the late Mr. Rennie, who was summoned as a witness in the present case: his time was of the utmost value, as was that of others of eminence in that branch of science. He wished to know how they were to be allowed.
The Chief Justice.—We can know no distinction here. The time of such gentlemen as the late Mr. Rennie must no doubt be extremely valuable to them, but that of a poor man is equally valuable to him, and perhaps more so; for though the amount might not be as great, yet the support of his family might be depending on it.
Rule made absolute; and it was further ordered, that a moiety of the taxed costs should be paid by each of the Insurance Offices in question.
There was another case of "Severn v. Slade," turning exactly on the same point, which was not argued, as of course the same decision will apply to it.
