81

I.—7a.

or the Secretary for Public Works; or if the Minister shall approve of any person to accept notices or other instruments on his behalf, in any judicial district in which any reference is under this Act to be had, then such service may be on such person. 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 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. 19. 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 whai 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, 01 thing connected with or arising out of such contract or the proceedings had on any such reference. 20. 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. 21. 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. 22. The effect of every such certificate shall be similar to that of a judgment order or decree of the Supreme Court for or against the Crown under "The Crown Debts Act, 1866," or "The Crown Redress Act, 1871," as the case may be. 23. No certificate made or given under the provisions of this Act shall be void or liable to be set aside for any irregularity or informality. 24. The costs, charges, and expenses, of whatsoever nature, of and attending such reference, and of all proceedings consequent upon or incidental thereto, and of all necessary acts, matters, and things which shall or may be had, made, done, or performed by any such Judge or by his direction under the powers hereof, or by either of the parties, shall be borne and paid by and between the said parties, in such proportions as to the Judge shall seem meet or as he shall in his discretion think fit; and the allowance or award of such costs, and the direction by and to whom the same shall be paid, shall be included in and form part of the certificate so to be made as aforesaid. 25. If any person having been duly summoned to attend on any such reference as aforesaid, whether for the purpose of giving evidence in any matter connected therewith, or to produce any plan, contract, paper, writing, or instrument whatsoever, or for the purpose of being examined on any matter of opinion 18—1. 7a.

- Judge to give a c certificate of his decision, and what B may be stated in certificate. f 1

t r T r 1 1 Several certificates J may be given. C i

' Certificate to be filed I in Court. L

L ■ Effect of certificate. i

! Certificate Dot to be set aside for informality. Costs.

Penalty for nonattendance as witness, or for neglect to obey order of Judge.