75

h—-7M

to adjournment of the proceedings, and as to the allowance of costs to the lastmentioned party as to the Judge shall seem meet. 17. 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 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 manner herein provided shall, on proof thereof to the satisfaction of the Judge, be deemed to have been effectually served upon the party affected or intended to be affected thereby. 18. The Judge before whom such reference shall be had shall, by a certificate under his hand, and the seal of the Supreme Court, addressed to the Governor of the colony, certify to him the decision at which he shall have arrived upon the matters so referred to him. In and by any such certificate the Judge may order the payment of money by one of the parties to the other of them, whether as damages or costs, and in and by any such certificate or instrument may prescribe and direct what shall be done and performed by either of the said parties or by both of them, or what shall be refrained from being done by either of them or both of them, whether such direction or performance shall have reference to the subject-matter of any such contract and is specified or referred to therein, or as to any act, matter, or thing connected with or arising out of such contract or the proceedings had on any such reference. 19. If the Judge shall think fit, he may give several certificates each on part of the matters referred to him as aforesaid, instead of one certificate on all the matters referred, and every such certificate on part of the matters shall, for such time and for such purposes as is or are mentioned therein, be binding as to all the matters to which it extends as if the matters therein mentioned were all the matters referred, and notwithstanding no certificate shall then or thereafter be given in respect of the other matters in dispute and reference as aforesaid. 20. A copy of every certificate made or given as aforesaid shall be forthwith recorded in the Supreme Court at the place where the statements of claim aforesaid or the propositions of law or fact (as the case may be) shall have been filed, and either of the parties shall have the right of making copies thereof or taking extracts therefrom on payment of the usual and customary fees in such cases prescribed by the practice of the Supreme Court. 21. The effect of every such certificate shall be similar to that of a judgment or decree of the Supreme Court in its ordinary jurisdiction, and upon such certificate the person lawfully entitled to do so shall be entitled to recover moneys due or payable to him thereunder, subject, however, to the following terms and conditions (that is to say),— Whenever by any such certificate it shall appear that money, whether as damages or costs, is made payable to Her Majesty the Queen, or the Governor, or the Government of the colony, the like proceedings to recover the same may be had as upon a judgment debt due to the Crown, and all the provisions of " The Crown Debts Act, 1866/' as to the recovery of judgment debts due to the Crown, and to the issue of process thereunder, shall be deemed to apply to any such certificate as aforesaid : And whenever by any such certificate it shall appear that any money, whether as damages or costs, shall be paid to any Contractor, he shall be entitled to have the same satisfied in the manner provided by "The Crown Redress Act, 1871," and the provisions of the sixth and seventh sections of that Act shall be deemed to be incorporated herein so far as applicable, and subject to the provisions of this Act,

Notices, &c., how to be served.

Judge to give a certificate of his decision, and what may be stated in certificate.

Several certificates may be given.

Certificate to be filed in Court.

Effect of certificate.