3932
THE NEW ZEALAND GAZETTE.
[No. 94

(5) In the event of the absence of the Chairman from any meeting of the Committee his deputy shall be the Chairman of that meeting.

(6) The powers hereinafter conferred on the Committee shall be exercisable as soon as the members have been appointed and shall not thereafter be affected by any vacancy in the membership thereof.

(7) The Committee 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.

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

(9) 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 Committee.

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

(11) At all meetings of the Committee the Chairman or his deputy shall be entitled to exercise a casting-vote as well as his deliberative vote.

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

(13) The Committee may engage such officers as it deems necessary for the efficient carrying-out of its functions under these regulations, and may employ such persons or firms as it considers necessary for the purpose of grading wheat.

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

(15) The position of a member of the Committee 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 Committee, 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 Committee upon any particular contract in which he is so concerned.

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

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

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

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

(20) Notwithstanding the foregoing provisions hereof, the Committee 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 Committee to sign cheques drawn on such imprest accounts, but so that the signatures of at least two persons (whether members or officers of the Committee) 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 Committee) 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 Committee) exceed 100 bushels in any one secular year.

(7) The Committee 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 Committee may by such resolution impose;

(c) Wheat grown in any season prior to the season 1935–36:

Provided that any such resolution shall be publicly notified as the Committee may direct:

Provided also that such exclusions may, in the discretion of the Committee, either be unconditional or be subject to such conditions or restrictions upon any seller or purchaser as the Committee may think fit, but so that the effect thereof shall not, in the opinion of the Committee, 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 sub-clause (2) hereof, all purchases and sales of wheat by the Committee shall be effected through the agency of brokers appointed by the Committee.

(2) The Committee 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 Committee.

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

(4) Every broker shall before his appointment becomes effective give to the Committee such security as the Committee 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 Committee in appointing such broker, and no broker shall purchase for the Committee 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 Committee of any wheat purchased by the Committee.

(6) In respect of every contract for the purchase of wheat by an authorized broker on account of the Committee the broker shall be entitled to receive from the Committee 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 Committee the