A similar system is to be found in force in many other European countries; see e.g. Codes of Civil Procedure of Holland, arts. 222 et seq.; Belgium, arts. 302 et seq.; Italy, arts. 252 et seq.; as well as in those colonies where French law has been followed (Codes of Civil Procedure of Quebec, arts. 392 et seq.; St Lucia, arts. 286 et seq.). In Mauritius the articles of the French law, summarized above, are still nominally in force; but in practice each side calls its own expert evidence, as in England.
There is some evidence that in England the courts were in early times in the habit of summoning to their assistance, apparently as assessors, persons specially qualified to advise upon any scientific or technical question that required to be determined. Thus “in an appeal of maihem (i.e. wounding) ... the court did not know how to adjudge because the wound was new, and then the defendant took issue and prayed the court that the maihem might be examined, on which a writ was sent to the sheriff to cause to come medicos chirurgieos de melioribus London, ad informandum dominum regem el curiam de his quae eis ex parte domini regis injungerentur” (Year Book, 21 Hen. VII. pl. 30, p. 33). The practice of calling in expert assistance in judicial inquiries was not confined to medico-legal cases. “If matters arise,” said Justice Saunders in Buckley v. Rice Thomas (1554, Plowden, 124 a), “which concern other faculties, we commonly apply for the aid of that science or faculty which it concerns.” English procedure, however, being litigious, and not, like continental European procedure, inquisitorial, in its character, the expert soon became, and still is, simply a witness to speak to matters of opinion.
There is a considerable body of law in England as to expert evidence. Only a few points can be touched upon here. (1) An expert is permitted to refresh his memory in regard to any fact by referring to anything written by himself or under his direction at the time when the fact occurred or at a time when it was fresh in his memory. This is also law generally in the United States (see e.g. New York Civil Code, s. 1843). In Scotland, medical and other scientific reports are lodged in process before the trial, and the witness reads them as part of his evidence and is liable to be examined or cross-examined on their contents. (2) In strictness, an expert will not be allowed, in cases of alleged insanity, to say that a litigating or incriminated party is insane or the reverse, and so to usurp the prerogative of the court or jury. But he may be asked whether certain facts or symptoms, assuming them to be proved, are or are not indicative of insanity. But in practice this rule is relaxed both in England and in Scotland, and (where it exists) to a still greater extent in America. (3) Foreign law can only be proved in English courts—and the same rule applies in Scotland—(a) by obtaining an opinion on the subject from a superior court of the country whose laws are in dispute under the Foreign Law Ascertainment Act 1861 or the British Law Ascertainment Act 1859, or (b) by the evidence of a lawyer of the country whose law is in question, or who has studied it in that country, or of an official whose position requires, and therefore presumes, a sufficient knowledge of that law. (4) The weight of authority both in England and in America supports the view that an expert is not bound to give evidence as to matters of opinion unless upon an undertaking by the party calling him to pay a reasonable remuneration for his evidence.
Statutory provision has been made in England for the summoning of expert assistance by the legal tribunals in various cases. In the county courts the judge may, if he thinks fit, on the application of either party, call in as assessor one or more persons of skill and experience as to the matters in dispute (County Courts Act 1888, s. 103), and special provision is made for calling in an assessor in employers’ liability cases (act of 1880, s. 6) and admiralty matters (see County Courts Admiralty Jurisdiction Acts of 1868 and 1869). In the High Court and court of appeal one or more specially qualified assessors may be called in to assist in the hearing of any cause or matter except a criminal proceeding by the crown (Judicature Acts 1873, s. 56), and a like power is given to both these courts and the judicial committee of the privy council in patent cases (Patents, &c., Act 1883., s. 28). Maritime causes, whether original or on appeal from county courts, are usually taken in the presence of Elder Brethren of the Trinity House, who advise the judge without having any right to control or any responsibility for his decision (see the “Beryl,” 1884, 9 P.D. 1), and on appeal in maritime causes nautical assessories are usually called in by the court of appeal, and may be called in by the House of Lords (Judicature Act 1891, s. 3); a like provision is made as to maritime causes in Scottish courts (Nautical Assessors [Scotland] Act 1894). The judicial committee of the privy council, besides its power to call in assessors in patent cases, is authorized to call them in in ecclesiastical causes (Appellate Jurisdiction Act 1876, s. 14).
In addition to the authorities cited in the text, see Taylor, Law of Evidence (9th ed., London, 1895); J. D. Lawson, Law of Expert and Opinion Evidence (1900).
EXPLOSIVES, a general term for substances which by certain
treatment “explode,” i.e. decompose or change in a violent
manner so as to generate force. From the manner and degree of
violence of the decomposition they are classified into “propellants”
and “detonators,” but this classification is not capable
of sharp delimitation. In some cases the same substance may be
employed for either purpose under altered external conditions;
but there are some substances which could not possibly be employed
as propellants, and others which can scarcely be induced
to explode in the manner known as “detonation.” A propellant
may be considered as a substance that on explosion produces
such a disturbance that neighbouring substances are thrown
to some distance; a detonator or disruptor may produce an
extremely violent disturbance within a limited area without
projecting substances to any great distance. Time is an important,
perhaps the most important, factor in this action. A
propellant generally acts by burning in a more or less rapid and
regular manner, producing from a comparatively small volume
a large volume of gases; during this action heat is also developed,
which, being expended mostly on the gaseous products, causes
a further expansion. The noise accompanying an explosion is
due to an air wave, and is markedly different in the case of
a detonator from a real propellant. Some cases of ordinary
combustion can be accelerated into explosions by increasing the
area of contact between the combustible and the oxygen supplier,
for instance, ordinary gas or dust explosions. Neither temperature
nor quantity of heat energy necessarily gives an explosive
action. Some metals, e.g. aluminium and magnesium, will,
in oxidizing, produce a great thermal effect, but unless there be
some gaseous products no real explosive action.
Explosives may be mechanical mixtures of substances capable of chemical interaction with the production of large volumes of gases, or definite chemical compounds of a peculiar class known as “endothermic,” the decomposition of which is also attended with the evolution of gases in large quantity.
All chemical compounds are either “endothermic” or “exothermic.” In endothermic compounds energy, in some form, has been taken up in the act of formation of the compound. Some of this energy has become potential, or rather the compound formed has been raised to a higher potential. This case occurs when two elements can be united only under some compulsion such as a very high temperature, by the aid of an electric current, or spark, or as a secondary product whilst some other reactions are proceeding. For example, oxygen and nitrogen combine only under the influence of an electric spark, and carbon and calcium in the electric furnace. The formation of chlorates by the action of chlorine on boiling potash is a good instance of a complex compound (potassium chlorate), being formed in small quantity as a secondary product whilst a large quantity of primary and simpler products (potassium chloride and water) is forming. In chlorate formation the greater part of the reaction represents a running down of energy and formation of exothermic compounds, with only a small yield of an endothermic substance. Another idea of the meaning of endothermic is obtained from acetylene. When 26 parts by weight of this substance are burnt, the heat produced will warm up 310,450 parts of water 1° C. Acetylene consists of 24 parts of carbon and 2 of hydrogen by weight. The 24 parts of carbon will, if in the form of pure charcoal, heat 192,000 parts of water 1°, and the 2 parts of hydrogen will heat 68,000 parts of water 1°, the total heat production being 260,000 heat units. Thus 26 grams of acetylene give an excess of 50,450 units over the amount given by the constituents. This excess of
