I.—7a.

71

whatsoever, or for the purpose of being examined on any matter of opinion which the Judge shall desire to submit to such person, or if any party to such inquiry shall refuse or neglect to comply with any direction or order made by such Judge in relation thereto and under the powers herein contained, every such person shall be liable to the like penalties which by the practice of the Supreme Court would attach to siich person for or by reason of any non-attendance as such witness on non-compliance with any such rule or order as aforesaid in a civil action in the Supreme CourL 21. In the summoning of witnesses, and in all proceedings relating to any reference held under this Act, in the talcing of evidence as aforesaid, and in the taxation of costs of any such reference as aforesaid, the practice and procedure of the Supreme Court for the time being relating to civil actions shall be followed so far as they may be found or made applicable to such proceedings; and witnesses summoned to attend such reference, and parties thereto, shall be subject to the same liabilities as 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 or party liable to any penalty or proceeding in any of the cases therein mentioned, unless such witness 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 in a civil action in the Supreme Court as aforesaid, or if a party might be required to do or omit to do some act in any such action as aforesaid. 22. 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.

Procedure of Supreme Court to be applicable.

No appeal from Judge's decision

The Bill as still further revised (called the Third Revise), and sent to the Government Printer for amendment and reprint on the 20th August, 1872.

GOVERNMENT CONTRACTORS ARBITRATION.

ANALYSIS,

14. Parties not attending, Judge may proceed ex parte. 15. Parties may appear by counsel or solicitor. Judge may adjourn proceedings. 16. Parties may apply for leave to amend statements, &c. 17. Notices, &c, how to be served. 13. Judge to give a certificate of his decision, and what may be stated in certificate. 19. Several certificates may be given. 20. Certificate to be filed in Court. 21. Effect of certificate. 22. Certificate not to be set aside for informality 23. Costs. 24. Penalty for non-attendance as witness, or for neglect to obey order of Judge. 25. Procedure of Supreme Court to be applicable. 26. No power to parties to revoke. Death not to abate proceedings. 27. Parties not to bring action or prosecute writ of error. 28. No appeal from Judge's decision. 29. Judges to make rules, &c.

Title. Preamble. 1. Short Title. 2. Interpretation. 3. Disputes between Government and Contractors to be referred to decision of Judge of tlie Supreme Court. 4. Where dispute between Chief Engineer and Contractor, to be referred to the Minister. 5. Statement of claim and proposition of law or fact to be made and signed by parties, and filed in Supreme Court office. 6.-Party desiring a reference to apply to Judge to fix day and place for proceeding therein. 7. Notice to be given to the Minister. 8. 9. Judge may direct how reference to be carried on. 10. May require the attendance of witnesses. 11. Judge may hear evidence, and may require production of plans, &c. 12. Judge may direct inspection by skilled persons. 13. May obtain opinions o£ Engineers, &c.