lass on the railway by which he travels. If there is no
railway, and he has to walk, he is entitled to threepence a mile for
refreshments both ways.
5. =Court of Criminal Appeal.=--This was established in 1908, and
consists of three judges. A right of appeal may be based (1) solely on a
question of law; (2) on certificate from the judge who tried the
prisoner; (3) on mitigation of sentence.
Speaking generally, in the Superior Courts the fees which may be claimed
by medical men called on to give evidence are a guinea a day if resident
in the town in which the case is tried, and from two to three guineas a
day if resident at a distance from the place of trial, this to include
everything except travelling expenses. The medical witness also receives
a reasonable allowance for hotel and travelling expenses.
If a witness is summoned to appear before two courts at the same time,
he must obey the summons of the higher court. Criminal cases take
precedence of civil.
A medical man has no right to claim privilege as an excuse for not
divulging professional secrets in a court of law, and the less he talks
about professional etiquette the better. Still, in a civil case, if he
were to make an emphatic protest, the matter in all probability would
not be pressed. In a criminal case he would promptly be reminded of the
nature of his oath.
A medical man may be required to furnish a _formal written report_. It
may be the history of a fatal illness or the result of a post-mortem
examination. These reports must be drawn up very carefully, and no
technical terms should be employed.
No witness on being sworn can be compelled to 'kiss the book.' The Oaths
Act (51 and 52 Vict., c. 46, Sec. 5) declares, without any qualification,
that 'if any person to whom an oath is administered desires to swear
with uplifted hand, in the form and manner in which an oath is usually
administered in Scotland, he shall be permitted to do so, and the oath
shall be administered to him in such form and manner without further
question.' The witness takes the oath standing, with the bare right hand
uplifted above the head, the formula being: 'I swear by Almighty God
that I will speak the truth, the whole truth, and nothing but the
truth.' The presiding judge should say the words, and the witness should
repeat them after him. There is no kissing of the book, and the words
'So help me, God,' which occur in the English form, are not employed. It
will be note
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