69

I.—7a

9. Every such reference shall be conducted in such manner as the Judge shall direct; and he shall have power to direct what notices thereof shall be served, and on whom and in what manner such notices shall be served, and shall give such other directions concerning the conduct of the reference as to him may seem fit. 10. It shall be lawful for such Judge, at such time and place within his judicial district as aforesaid, and whether in open Court or in Chambers, and upon such proof of notice to parties interested as to the Judge shall seem sufficient, to take and hear evidence, upon oath or affirmation, in support of or in opposition to the several matters so referred to him in manner aforesaid. And for all or any of the purposes aforesaid may require any of the parties to produce or cause to he produced before him on such reference all plans, drawings, contracts, specifications, papers, and writings whatsoever touching or concerning all or any of the matters aforesaid. 11. For the purpose of arriving at a clear understanding of all or any of such matters, it shall he lawful for the Judge to make or cause to be made an inspection of any public work in respect of which any such reference shall be had and referred to him as aforesaid, or of any part thereof, or any materials composing the same or any part thereof, or of any other thing that may be the subject of dispute as aforesaid and capable of being inspected, and for that purpose may require one or more skilled and competent persons to conduct and make such inspection, and may fix a time within which such inspection shall be made, and within which a report shall be made to such Judge of the public work or materials so required to be inspected as aforesaid; and the report or certificate in writing of any such persons whom the Judge may direct or require to do any of the things herein provided for shall and may he taken and received by such Judge, and acted upon by him as effectually as if he had taken the evidence of such person viva voce. 12. If it shall become necessary, in the opinion of the Judge, whether in the course of the proceedings or at any time thereafter, before he shall finally have decided on the matters so referred to him as aforesaid, it shall be lawful for him to call before him such engineers, surveyors, architects, accountants, or other skilled persons as may seem to 'him requisite or necessary for the purpose of obtaining from them or any of them opinions upon any question or questions in respect of any matter or thing arising out of or in relation to the subject of such reference, and upon which he may desire the same on any of the matters to be so submitted to him as aforesaid. 13. If either of the said parties shall fail or neglect to attend at such reference, after having been lawfully required to attend in pursuance of any notice so to attend, or who shall fail or neglect to produce any contract, plans, drawings, papers, or writings as aforesaid, after having been lawfully required to do so in manner aforesaid, it shall be lawful for the said Judge to proceed with the sub-ject-matter of such reference ex parte. 14. Either of the said parties may appear by counsel or solicitor, and shall be entitled to examine, cross-examine, and re-examine witnesses who may be examined by or before such Judge. The Judge may adjourn such reference and the proceedings thereon from time to time as he shall see fit, and either for a fixed period or without fixing a day for further proceeding therein, but no such adjournment shall continue for a longer period than calendar months. 15. Any notice or other instrument which it may be necessary or requisite to serve upon the Minister under this Act, may be served at the office of the Public Works Department at Wellington, by leaving the same with the Chief Engineer or the Secretary for Public Works ; and any notice or other instrument which it may be necessary or requisite to serve upon the Contractor may .be served upon him either personally or by leaving the same at his last known place of business or abode in the judicial district of the Supreme Court in which any such contract may be in course of execution or may have been executed or carried on, or by leaving the same with any foreman or person in charge of any public work forming the subject of such contract. All notices served as and in

Judge may direct how reference to be carried on.

Judge may hear evidence, and may require production of plans, &c.

Judge may direct inspections by skilled persons.

May obtain opinions of Engineers, &o.

Parties not attending, Judge may proceed ex parte.

Parties may appear by counsel or solicitor.

Judge may adjourn proceedings.

Notices, &c, how to be served.