4160

THE NEW ZEALAND GAZETTE.

[No. 91

(4) The powers hereinafter conferred on the Board shall be exercisable as soon as the total number of members hereinbefore specified has been appointed and shall not thereafter be affected by any vacancy in the membership thereof.

(5) The Board shall be a body corporate with perpetual succession and a common seal, and power to hold real and personal property and to do and suffer all that bodies corporate may do and suffer.

(6) The Board shall establish and maintain in the City of Christchurch a public office, on the outside of which the name of the Board shall be conspicuously displayed.

(7) Service at the public office during ordinary business hours on any person appearing to have the control thereof of any writ, notice, proceeding, or other document shall be good service thereof on the Board.

(8) The Board shall hold its first meeting at a place and time to be fixed by the Chairman and notified by him to the other members.

(9) The Board may from time to time elect one of its members to be Deputy Chairman, and the member so elected shall discharge the duties of Chairman in the absence of the member appointed by the Minister as Chairman.

(10) At all meetings of the Board the Chairman shall be entitled to exercise a casting-vote as well as his deliberative vote. A Deputy Chairman shall not be entitled to exercise a casting-vote.

(11) In all matters not hereby provided for the Board may, by resolution or by-law, regulate its procedure.

(12) The Board may engage such officers as it deems necessary for the efficient carrying-out of its functions under these regulations.

(13) The members of the Board shall not be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operations of the Board.

(14) The position of a member of the Board shall not be affected by the fact that he is directly or indirectly concerned either as vendor or purchaser or agent of a vendor or purchaser in any contract made by the Board, nor shall such contract be liable to be avoided so long as such member does not vote or take part in the deliberations of the Board upon any particular contract in which he is so concerned.

(15) Any contract which if made between individuals must be by deed shall, if made by the Board, be in writing under the seal of the Board.

(16) Any contract which if made between individuals must be in writing signed by the parties to be charged therewith shall, if made by the Board, be either under the seal of the Board or be signed by two members of the Board on behalf of and by direction of the Board.

(17) Any contract which if made between individuals may be made without writing may be similarly made by or on behalf of the Board by any two members acting by direction of the Board, but no such contract shall be made involving a sum exceeding £20.

(18) The Board may confer power on any officer of the Board to endorse on behalf of the Board for the credit of the account of the Board at any bank selected by the Board, but not otherwise, any cheque, bill of exchange, or other negotiable or transferable instrument.

(19) Notwithstanding the foregoing provisions hereof, the Board may establish at any one or more banks or branches of banks imprest accounts to facilitate payment for wheat purchased and commission payable to authorized brokers, and may authorize officers of the Board to sign cheques drawn on such imprest accounts, but so that the signatures of at least two persons (whether members or officers of the Board) shall in each case be necessary.

REGULATION 3.—RESTRICTIONS ON DEALINGS IN WHEAT.

(1) Save in accordance with these regulations, no person shall (whether as principal, agent, or otherwise) purchase or agree or offer to purchase any wheat other than free wheat, or be concerned in the making of any such purchase, agreement, or offer by any other person (whether in New Zealand or elsewhere), or be concerned in the fulfilment or performance of any agreement for the purchase of any wheat other than free wheat (whether such agreement has been made in New Zealand or elsewhere, and whether it has been made before or after the making of these regulations).

(2) Save in accordance with these regulations, no person shall (whether as principal, agent, or otherwise) sell, or agree or offer to sell, any wheat other than free wheat, or be concerned in the making of any such sale, agreement, or offer by any other person (whether in New Zealand or elsewhere), or be concerned in the fulfilment or performance of any agreement for the purchase of any wheat other than free wheat (whether such agreement has been made in New Zealand or elsewhere, and whether it has been made before or after the making of these regulations).

(3) For the purposes of this regulation the terms “purchase” and “sale” include any mode of acquisition or disposition by agreement other than acquisition or disposition by way only of security.

(4) For the purposes of this regulation an option or right of purchase or sale shall be deemed to be an agreement to purchase or to sell, as the case may be.

(5) In any proceedings for a breach of this regulation the onus shall lie on the person charged of proving that any transaction was in accordance with these regulations and of proving that any wheat the subject of such transaction was free wheat.

(6) Notwithstanding anything contained in these regulations, it shall be lawful—

(a) For a wheatgrower to sell wheat actually grown by such wheatgrower but so that the aggregate sales by any wheatgrower to one or more purchasers do not (except with the previous written consent of the Board) exceed 100 bushels in any one secular year:

(b) For any person to buy from wheatgrowers wheat actually grown by such wheatgrowers but so that the aggregate purchases by any person, whether from one or more wheatgrowers, do not (except with the previous written consent of the Board) exceed 100 bushels in any one secular year.

(7) The Board may by resolution exclude from the operation of these regulations—

(a) Wheat grown in any area specified in such resolution in any one or more seasons so specified:

(b) Wheat grown from seed of recognized merit in respect of purity of variety and defined in such resolution subject to such terms and conditions as to price or otherwise as the Board may by such resolution impose:

(c) Wheat grown in any season prior to the season 1934–35: Provided that any such resolution shall be publicly notified as the Board may direct:

Provided also that such exclusions may, in the discretion of the Board, either be unconditional or be subject to such conditions or restrictions upon any seller or purchaser as the Board may think fit, but so that the effect thereof shall not, in the opinion of the Board, operate to impose upon dealings with such wheat a larger measure of restraint than if such wheat were not excluded from the operation of these regulations.

REGULATION 4.—AUTHORIZED BROKERS.

(1) Subject to the exception appearing in subclause (2) hereof, all purchases and sales of wheat by the Board shall be effected through the agency of brokers appointed by the Board.

(2) The Board may sell wheat for export with or without the assistance of a broker as it thinks fit, and shall have power in its discretion to pay to any broker, in addition to or in lieu of the commission provided for in this regulation, reasonable remuneration for services rendered in connection with wheat exported by the Board.

(3) Every broker so appointed shall hold office at the will of the Board.

(4) Every broker shall before his appointment becomes effective give to the Board such security as the Board may require for the due performance of his duties and for compliance with these regulations.

(5) Every broker shall be appointed for a particular district to be defined by the Board in appointing such broker, and no broker shall purchase for the Board any wheat grown elsewhere than in the district for which he has been appointed; but this restriction shall not apply to a sale on behalf of the Board of any wheat purchased by the Board.

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

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

(8) It shall not be lawful for an authorized broker to receive, directly or indirectly, any additional commission or remuneration from any party other than the Board 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 services of making the contract of purchase or sale.

(9) It shall not be lawful for any authorized broker to give, offer, or promise to any person any rebate, refund, commission, allowance, gratuity, or other valuable consideration as an