Ross, summoned defendant, who lives at Llangarron, for .;I211s., his fee for attending to give evidence at Harewoodend Petty Session, in a case of assault. His HONOUR said the action would not lie for loss of time. The only remedy he knew of was for the plaintiff to refuse to attend unless his expenses were paid. Dr. BRAMHALL : But I was subpoenaed. Should I not have been committed for contempt of court if I had not attended ? His HONOUR: Certainly not, if your travelling expenses are not

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... ed. But has he promised you payment ? Dr. BRAMHALL : Yes. I attended as a witness on his behalf at Harewood-end; defendant promised payment when before the magistrates, also before the clerk, and also at my vaccination station. His HONOUR : Did he promise you before you went ? P No. -Did you hire a conveyance ? No. I rode over in my own trap. His HONOUR: If you had hired a fly, you could have recovered the expense of it; but you cannot recover expenses for loss of time. He then read several opinions which showed that where a witness was subpoenaed to give evidence at petty sessions, he was not bound to attend, or, if