I.—7a,

80

12. For the purpose of arriving at a clear understanding of all or any of such matters, it shall be 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 be 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. 13. If it shall become necessary, in the opinion of the Judge, whether in the course of the reference 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 o£ 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. 14. The fees and charges to be allowed to any persons making any such inspection or report, or giving any such opinions as in the two last preceding sections mentioned, shall be settled by the Judge in accordance with any scale to be fixed as hereinafter is provided, and the Judge shall, by order under his hand directed to the Colonial Treasurer, require him to pay such fees and charges out of the consolidated revenue of the colony in the first instance; and the Colonial Treasurer is hereby authorized to pay the amount expressed in any such order accordingly. Upon the final determination of the matters referred, the Judge shall decide by whom such fees and charges shall be paid, either wholly or in part; and if the same are directed, by the certificate to be given by the Judge as hereinafter provided, to be paid by the Contractor, the same may be deducted out of any moneys payable to him, or otherwise may be recovered as hereinafter provided. 15. 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 subject-matter of such reference ex parte. 16. 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 for such time and to such place as he may think fit; but no such adjournment shall continue for a longer period than three calendar months. 17. At any time during the proceedings on any such reference it shall be lawful for either of the parties to apply to the Judge to amend any statement of claim or propositions of law or fact delivered or filed by such party under the powers herein contained; and if the other of such parties shall not consent to such amendment, the Judge shall decide as to the reasonableness of the application, and may either grant or refuse the application, upon such terms as to adjournment of the proceedings and as to the allowance of costs to the lastmentioned party as to the Judge shall seem meet. 18. 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

Judge may direct inspection by skilled persons.

May "obtain opinions of Engineers, &c.

Payment of fees, &c, to skilled witnesses and engineers, &c.

Parties not attending, Judge may proceed ex parte.

Parties may appear by counsel or solicitor.

Judge may adjourn proceedings.

Parties may apply •for leave to amend statements, &c.

Notices, &c, how to be served.