61
I.—7a,
civil actions shall be followed, so far as they may be found or made applicable to such proceedings; and jurors and witnesses summoned to attend such reference, and parties thereto, shall be subject to the same liabilities as jurors, witnesses in, and parties concerned in, the trial of an action in the Supreme Court would be subject to in like cases : Provided that nothing in this or the preceding section contained shall be held or construed to render any witness, juror, or party liable to any penalty or proceeding in any of the cases therein mentioned, unless such witness, juror, or party shall have been duly summoned, or had notice to attend such reference, or may have been required to do or omit to do some act in the like manner in which he would have been summoned or required to attend as a witness or juror in a civil action in the Supreme Court as aforesaid, or required to do or omit to do some acts in any such action as aforesaid. 24. No appeal shall lie from any decision of a Judge given under or in accordance with the provisions of this Act, either to the Supreme Court, or to the Court of Appeal, or to any other Court or tribunal, but every such decision shall be binding, final, and conclusive on the parties concerned in or affected by any such reference.
No appeal from Judge's decision.
The Bill as revised (called the First Eevise), and sent to the Government Printer for amendment and reprint on the 29th July, 1872.
GOVERNMENT CONTRACTORS ARBITRATION.
ANALYSIS.
Title. Preamble. 1. Short Title. 2. Interpretation. 3. Disputes between Government and Contractors to be referred to decision of Judge of the Supreme Court. 4. "Where dispute between Chief Engineer and Contractor, to be referred to the Minister. Notice to Minister. 5. Statement of matter in dispute to be settled and signed. 6. Either party refusing or neglecting to Btate case, Judge may proceed ex parte. 1. Procedure thereon. 8. Judge to fix day and place of proceeding with reference. 9. Judge may direct how reference to be carried on.
10. Judge may hear evidence, and may require production of plans, &c. 11. Judge may direct inspections by skilled persona. 12. May obtain opinions of Engineers, &c. 13. Parties not attending, Judge may proceed ex parte. 14. Parties may appear by counsel or solicitor. Judge may adjourn proceedings. 15. Notices, &c, how to be served. 16. Judge to give a certificate of his decision, and what may be stated in certificate. 17. Certificate to be filed in Court. 18. Effect of certificate. 19. Costs. 20. Penalty for non-attendance as witness, or for neglect to obey order of Judge. 21. Procedure of Supreme Court to be applicable. 22. No appeal from Judge's decision.
A BILL INTITULED An Act for referring Disputes occurring between Contractors and the Title. Government of the Colony to the Decision of a Judge of the Supreme Court, and for giving Jurisdiction to such Judge in certain cases therein. WHEREAS certain statutes now are in force within the Colony of New Zea- Preamble. land authorizing the construction, erection, and maintenance of railways and other public works in the said colony: And whereas other statutes may from time to time hereafter be in force for such and other like purposes: And whereas disputes may arise between the Government of the colony and the persons contracting for or undertaking the construction, erection, or maintenance of such railways and other public works, under the provisions of such statutes, and it is expedient that provision should be made for summary and final settlement of such disputes : Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: —■
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