1.-7 A,

72

Title,

Preamble.

Short Title.

Interpretation

Disputes between Government and Contractors to be referred to decision of Judge of the Supreme Court.

A BILL INTITULED An Act for referring Disputes occurring between certain Contractors and the 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 Zealand 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 certain contracts have been already and others may hereafter be entered into for the construction of such works between Her Majesty the Queen and certain persons carrying on business in copartnership under the style of " John Brogden and Sons :" And whereas disputes may arise under such contracts, 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 : — 1. The Short Title of this Act shall be " The Government Contractors Arbitration Act, 1872," and it shall come into operation on the passing thereof. 2. In the interpretation of this Act the following words and expressions shall be deemed to have the meanings hereby assigned to them respectively, unless it shall appear from the context that some other meaning should be assigned thereto : — The word " Minister" shall mean the Minister appointed under " The Immigration and Public Works Act, 1870," and shall include the Minister for the time being authorized by the Governor to act for such Minister in respect of any public work as herein denned : The word " Engineer" shall mean the Engineer who shall from time to time be appointed by the Minister to have principal charge of the public works on behalf of the Government, and to be, for the purposes of the contract and this Act, the Engineer with reference to such work : The term " public work" shall mean and include any railway, tramway, road, bridge, building, erection, or structure whatsoever, and also all works of whatsoever nature connected with or relating to any such railway, tramway, road, bridge, building, erection, or structure : The word " contract" shall mean any contract already or hereafter entered into between the Governor, in the name of Her Majesty the Queen, and Messieurs Alexander Brogden, Henry Brogden, and James Brogden (carrying on business as aforesaid under the style of "John Brogden and Sons"), for the execution of any public work; and the term " Contractor," where hereinafter used, shall mean the said Alexander Brogden, Henry Brogden, and James Brogden, and shall include such person or persons as by the contract it is provided such term shall include : The term " the parties " shall mean the " Contractor" of the one part, and the " Minister " of the other part, and whenever throughout this Act the term " parties " is used, the same shall, in so far as it affects Her Majesty the Queen, the Governor, or the Government of the colony, be deemed to mean the Minister : The expression " a Judge of the Supreme Court" shall mean the Judge of the Supreme Court for the judicial district of the Supreme Court within which the works relative to which the dispute shall have arisen have been or are to be executed. 3. In any case where, under the provisions of any contract, it may be provided that any dispute arising between the parties thereto, or between the Engineer and the Contractor, or between the Contractor and the Government, that such dispute shall be referred to the sole determination, arbitrament, and