4614
THE NEW ZEALAND GAZETTE.
No. 181

37. Every Government broker will guarantee to the Government the due payment by the buyer of the purchase-money for all wheat so sold to him by that broker, and on default made by the buyer the purchase-money, with all accrued interest thereon, shall be recoverable by the Government from the broker.

38. After delivery to the buyer the wheat shall be in all respects at the buyer’s risk, but the property in the wheat shall not pass to the buyer until the purchase-money has been received by the Government broker; and on default made by the buyer the broker or the Wheat Controller may take and retain possession of the wheat on behalf of the Government as a security for the purchase-money.

39. Every contract made by a Government broker for the sale of wheat on account of the Government shall be made in accordance with and shall incorporate the provisions of these regulations so far as applicable to contracts of sale, and the rights and obligations of the parties shall be determined accordingly.

PART V.—TERMS OF EMPLOYMENT OF BROKERS.

40. In respect of every contract for the purchase of wheat by a Government broker on account of the Government the broker shall be entitled to receive from the Government a commission of ½d. for every bushel delivered in pursuance of and in conformity with that contract.

41. In respect of every contract for the sale of wheat by a Government broker on account of the Government the broker shall be entitled to receive from the Government a commission of ½d. for every bushel delivered in pursuance of and in conformity with that contract.

42. It shall not be lawful for a Government broker to receive, directly or indirectly, any additional commission or remuneration from any party other than the Government in respect of the making of any such contract of purchase or sale; but nothing herein contained shall prevent the broker from receiving from any such party remuneration for services rendered in respect of storage or otherwise howsoever in addition to the service of making the contract of purchase or sale.

43. It shall not be lawful for any Government broker to give, offer, or promise to any person any rebate, refund, commission, allowance, gratuity, or other valuable consideration as an inducement to that person to sell or purchase wheat to or from the Government through that broker, or for the reason that he has so sold or purchased wheat.

44. It shall not be lawful for a Government broker to purchase, whether for himself or on account of any other person, any wheat of a quality inferior to good milling-wheat except under the authority of a license issued to the broker in that behalf by the Wheat Controller and in accordance with the terms of that license. Any such license may be at any time cancelled by the Controller for any reason which in his absolute discretion he thinks sufficient.

45. In all matters within the scope of their employment and not specifically provided for by these regulations Government brokers shall act in accordance with directions from time to time received from the Wheat Controller.

46. Government brokers shall from time to time make to the Wheat Controller such returns relative to the business done by them as the Controller may require.

47. Every appointment of a Government broker shall be deemed to incorporate, as a contract between the broker and the Government, the provisions of these regulations so far as they relate to the rights, powers, duties, and liabilities of such brokers.

PART VI.—DISPUTES.

48. When any dispute arises as to whether any wheat offered to a Government broker for sale to the Government is good milling-wheat, or when any dispute arises as to whether any wheat delivered in fulfilment of any contract of purchase or sale entered into by Government brokers on account of the Government is in accordance with the contract in respect of kind, quality, or condition, the dispute shall be determined by a Government grader appointed for this purpose by the Board of Trade, and his decision shall be final.

49. When any dispute, other than as mentioned in the last preceding clause, arises between the parties to any contract entered into by a Government broker on account of the Government, or between a Government broker and the Government, or between a Government broker and any seller or purchaser of wheat to or from the Government, touching the meaning or operation of these regulations or of any contract so entered into, the dispute shall be determined by the Wheat Controller, whose decision shall be final.