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course. The matter could not have been done without their consent, and eventually they consented. The letters of the Judges have never been printed—l do not know that it is proper they should be printed—but I may state that the view of the Judges was that there would be continual references from the contractors to them ; and the objection of the Judges to the proposal was only this, that it might interfere with the performance of their judicial duties, because they would be called upon so frequently. That is the view they took at the time. The Judges having consented— I will produce the letters of the Judges if the Committee desire —I submit to the Committee that it must have been obvious to every person connected with the matter that an Act of Parliament was required. It seems to me a matter so transparently plain that it does not require the least argument; but as it has been disputed so often, lam inclined to think I must be wrong in thinking it so transparently plain. But I ask the Committee to remember this. There was a reference under the contract to one person, and to that one person only. I ask if it would not be absurd to have such a reference unless that one .person, was bound to take the reference ; there would be no sense in referring it to a specified person, unless that person was bound to take the reference. Moreover, the Judge of the Supreme Court had no power to take such a reference without an Act of Parliament —none whatever. I would ask the Committee to remember this, that a Judge sitting in the Court" contemplated by the Act of 1872 was not sitting in the Supreme Court any more than a Judge sitting as President of a Compensation Court is sitting in the Supreme Court. The Judge of the Supreme Court is a person ; the Court in which he sits is the Supreme Court. No judge could have taken the duties under this contract without special legislation. Moreover, he had no power of examining witnesses or taking other proceedings unless he were given it by Act of Parliament. Therefore, I say that it must have been clear to every person party to that agreement that an Act of Parliament would be necessary to enforce that provision. Now, at that time Mr. James Brogden was in the colony. It is very well known he was here in Wellington, and attended the sittings of Parliament regularly, regularly occupying a seat behind the Speaker's chair. That is not for a moment denied. But supposing he were not, if the Committee will look at the Appendix to the Journals D. 19c, 1872, they will find a letter from Mr. James Brogden to the Minister for Public Works, in which he states that during his absence from Wellington, his attorney, Mr. Travers, is authorized to act in his behalf. Now I ask the Committee to remember how constantly it has been said that Mr. Brogden and Mr. Travers had no notice of the Act. Of course, I am coming in a moment to the proof that Mr. Travers had ample notice ; but I am now going to ask the Committee to consider the evidence that Mr. James Brogden had ample notice. It has been said by Mr A. Brogden ? I am not sure if it has been said in letters, but, at any rate, it has been said that notice to Mr. Travers was in no sense notice to the firm, even if such notice had been given, and I have referred to that letter to show that if Mr. James Brogden was not in Wellington, if I do not prove conclusively that he was sitting behind the chair while the Act was passing, his Attorney, Mr. Travers, was entitled to act for him. Mr. Cave : The letter says " During our absence in the South." Mr. Bell: I leave it to the Committee to consider which construction of the letter is right, mine or my friend's. Now the first thing that was done as the Committee will remember, was to settle the. conditions of the contract that was preliminary to the passing of the Act of 1872 ; and I would ask the Committee to see what was the provision in the contract for differences which might arise between the Contractor and the Engineer. If the Committee will refer to clause 25, which refers to payments, they will find these words : — Payments will be made monthly, for each calendar month, as the works proceed, on the certificate in writing of the Engineer, at a rate not exceeding 90 per cent, on the value of the work actually done, as estimated by the Engineer, having due regard in such estimate to the actual value thereof, and at a rate not exceeding 50 per cent, on the value of such plant and materials on the ground as may be approved by the Engineer, as fit and necessary for the work, as estimated by the Engineer, having due regard in such estimate to the actual value thereof; such certificates for work done, and materials and plant supplied, in each calendar month, to be delivered to the Contractor within fourteen days after the termination of such month, and the balance, less 5 per cent., together with the amount deposited as cash security, if any, in fourteen (14) days, or as nearly as may be, after the Engineer shall have certified under his hand that the works have been finally and satisfactorily completed, and that such balance, together with the cash security, is due to the Contractor. So according to the ordinary provision progress payments would be made to 90 per cent, and the balance on the final certificate of the Engineer. It goes on to refer to these certificates :-°— No sum or sums of money shall be considered to be due or owing to the Contractor, nor shall the Contractor make any claim for or on account of any work executed or maintained by him, or for or on account of plant or materials supplied by him, unless such certificate as aforesaid shall have been given by the Engineer as aforesaid. Now, that is the first condition, the Engineer's certificate was to be a condition precedent. Not a single sixpence was to be paid unless certified by the Engineer. I will continue to read : — Nor shall any sum or sums of money so certified be considered to be made payable to the Contractor until the expiration of fourteen days after such certificate shall have been presented to the Minister for Public Works ; nor shall any omission to pay the amount of such certificate at the time the same shall be held payable be deemed or held to be a breach of or to vitiate the contract; but, in case of such omission, the Contractor shall be entitled to interest. Of course, making the certificate a condition precedent, we have to go on to see what was to be the right of arbitration, because, of course, that makes the Engineer the final arbitrator, as it is said the Contractor shall not be paid unless the Engineer has certified. In case the Engineer shall neglect or refuse to certify the amount due to the Contractor in respect of the work, or plant or materials, in manner and within the times mentioned in the foregoing condition, and shall continue such neglect or refusal for a period of fourteen days succeeding the fourteenth day after the end of the month in which the work was done, or the plant or material supplied, as the case may be, the Contractor shall be entitled to measure and value the same, having due regard in his estimate to the actual value thereof, and the measure and value so estimated by the Contractor shall be temporarily accepted by the Governor so far as regards the progress payment to be made to the Contractor in respect thereof under the foregoing condition, and the payment provided by that condition shall be made accordingly, with interest thereon at the rate of ten pounds percentum per annum, during the period of delay occasioned by the neglect or refusal of the Engineer: Provided always that in all cases in which a certificate shall, within the period or further period hereinbefore provided, as the case may be, have actually been delivered to the Con-