10. Stacking. The Agent is responsible that the stacks shall be properly erected and dunnaged, provided that the necessary dunnage is supplied by or at the expense of the Minister when required by the Agent. The Agent will provide the work of protecting and covering stacks, and removing material therefrom as provided for in Clause 13 (1) (c); but shall not be responsible for providing any material in connection therewith. 11. Loss in Transit.-The Agent shall make good any loss of wheat in transit on railways. 12. Stationery.--The Agent will, at its own expense, provide all necessary stationery, records, forms, and other documents and postage and revenue stamps, except certifi cates. 13. Remuneration (1.) The remuneration to be paid to the Agent shall be (a.) For all wheat trucked direct from farmers' wagons, five-eighths of a penny per bushel. (b.) For all wheat received from farmers, built into stacks of not less than 20 bags high on the high side, when so required by the Minister, thence put into truck and consigned to Minister's order, one penny and an eighth of a penny (13d.) per bushel. Such trucking to be completed by the end of May, 1922, or as mutually arranged. (c.) For work of roofing, screening, protecting and caretaking till end of May, 1922, such stacks as may be nominated by the Minister, and removing material therefrom as and when required by the Minister, one half-penny per bag of the wheat contained in the stacks. (d.) For issuing certificates, one fourth of a penny per bushel. (e.) For inspection, travelling expenses, supervision, contingencies, losses, liabilities, and the performance generally of all other duties and obligations of the Agreement, one farthing per bushel. (f.) For actual checking of sample and for tallies at points of delivery, oneeighth of a penny per bushel. (2.) The remuneration is based upon the current rate of wages paid for wheat handling. Any increase in wages or any reduction in working time causing an increase in cost of handling to be paid by the Minister; provided, however, that the current rate of such wages is not to be increased without the permission of the Minister. Any decrease in such rates is to be the subject of an allowance to the Minister for benefit to the Pool. (3.) Where wheat is received by the Minister direct from farmers, the remuneration provided for in Subclause (1) (a) and (1) (b) will not be payable. (4.) The remuneration to the Agent shall, as from the date of this Agreement, be payable as follows : One penny per bushel on the quantity of wheat as per certificates issued and presented, such instalment on account to be payable fortnightly, and the balance to be paid on due completion of the terms of this Agreement. 14. Demurrage.-The Agent will not be called upon to pay railway demurrage on wheat or material such as dunnage, bags, screens, and the like: Provided that all reasonable and proper means to expedite loading or unloading, as the case may be, are used, otherwise the Agent shall pay and bear railway demurrage charges. 15. Returns. The Agent will supply and deliver to the Minister such daily or other returns as the Minister may from time to time reasonably require and direct. 16. Termination. (1.) This agreement shall continue in force until the duties of the Agent as herein provided have been duly carried out to the satisfaction of the Minister: Provided, however, that this agreement shall nevertheless be determinable by the Minister at any time if in his opinion the duties referred to are not being satisfactorily performed, and in such respect the decision of the Minister shall be final. (2.) If the agency is determined, the Agent shall deliver to such person or persons as the Minister may direct all wheat that the Agent then has in its possession, custody, or control and shall render every aid to such person or persons as may be directed by the Minister to check weight and quality of the wheat and condition of the bags so to be delivered, and the responsibility and liability of the Agent under this Agree ment shall continue until all wheat and bags have been delivered in accordance with this clause. 17. Minister's Directions.-In the performance by the Agent of its duties under this Agreement, the Agent shall generally observe such directions as may from time to time be given by the Minister or any person acting with his authority, and the forms in the Schedules hereto shall be modified so far as the Minister may require. 18. Instructions by Officers.-The powers hereby conferred upon or exercised by the Minister may be exercised by any Government officer authorised by the Minister, and the Agent and its receiving agents will act upon and carry out the instructions and directions of such Government officer. 19. Bond. As a guarantee for the due observance and performance by the Agent of its duties and obligations under this Agreement, the Agent will enter into a joint and several bond by itself and a surety to be approved by the Minister for the sum of Ten thousand pounds (£10,000), and in such form as the Minister may require. 20. Limitation of Liability. The liability of the Agent under this Agreement is limited to a total of one-eighth of a penny (d.) per bushel on the aggregate quantity of wheat to which this Agreement relates. 21. Damages for certain Breaches.--Whenever and as. often as it appears to the Minister that there has been a breach by the Agent of any of the provisions of Clauses 3, 4, 5, 7, 15 or 22 of the Agreement, the Minister may, if he thinks fit, in lieu of pursuing any other remedy, or in the case of such a breach as is mentioned in paragraph (c) of Clause 6 in addition to the remedy therein provided for, refer the matter to the Advisory Committee, and for every such breach the Advisory Committee may, after giving the Agent an opportunity of being heard, direct that the Agent shall forfeit for every breach of Clause 3, the sum of one hundred pounds (£100); for every breach of Clause 4, the sum of ten pounds (£10); for every breach of Clause 5, the sum of two pounds (£2); for every breach of Clause 7, the sum of two pounds (£2); for every breach of Clause 15, the sum of one pound (£1); for every breach of Clause 22, the sum of five pounds (£5), respectively, by way of liquidated and ascertained damages, and such amounts may be deducted from the remuneration payable under this Agreement to the Agent. 22. Fiduciary Obligations. The Agent shall in all matters in connection with the Government Scheme for Marketing the 1921/22 wheat have due regard to its obligations to its principal as Agent under this Agreement, and will not do anything prejudicial thereto or subversive of the confidential and fiduciary relations between itself and the Minister or his Officers. 23. Arbitration. Except as otherwise expressly provided, any dispute arising with reference to this Agreement shall be submitted to arbitration under the provisions of "The Arbitration Act, 1895." N.B. This receipt is not transferable or negotiable. You will receive in exchange for this receipt a certificate, which will enable you to obtain from the Bank named in the margin an interim advance at the rate of....... ..per bushel for wheat of f.a.q. standard. In satisfaction of all further claim in respect of the wheat mentioned in this interim receipt, the vendor will be entitled, to the extent of the quantity of wheat above stated, to participate in equal distribution of the net proceeds in excess of.......................... ..per bushel of the whole of the Western Australian wheat (1921-22 harvest) marketed through the agency of the Western Australian Government-the Certificate of the Minister for Agriculture as to the amount of such net proceeds to be accepted as conclusive. If the Vendor is in receipt of advances under the Industries Assistance Act, or if there is any lien or charge on such wheat or crop of the Vendor, the Certificate will be handed to the Industries Assistance Board or to the lien holder, as the case may be. THE W.A. GOVERNMENT SCHEME FOR MARKETING THE WHEAT HARVEST, 1921-22. This certifies that.... Date ..has, as Vendor to the Government of ....Railway Siding,... Western Australia under the above Scheme, delivered to The Westralian Farmers, Limited, at.......... bushels...... .....lbs. ( bushels lbs.) of Wheat, and is entitled to an advance, on account of the purchase money thereof under the Scheme, of bushel, amounting to Less Dock bus. bus. lbs. at £ bus. lbs. at £ bus. lbs. at £ per £ : £ : : : Rail freight from above station (to be deducted from later payment : For the Westralian Farmers, Limited. Received from the Government of Western Australia per the...... the sum of............ ....pounds....... .......shillings and... pence, being settlement in full for the above advance. .having, as Vendor to the Government of Western Australia under the above Scheme, delivered to The Westralian Farmers, Limited, at... ....Railway Siding..... ..lbs. ( bushels ..bags... ...bushels lbs.) of Wheat, and having received an advance on account of the purchase money thereof of Date..... 1921 per bushel, The £ amounting to Less Dock and..... ... ..pounds........... .at. In witness whereof the Minister has set his hand and the Agent its common seal, the day and year first above written. Signed by the said the Honourable Henry Kennedy Maley for and on behalf of His Majesty's Government of Western Australia, in the presence of The Common Seal of The Westralian Farmers, Limited, was hereunto affixed in the presence of EVIDENCE. 12° GEO. V., No. XIX. No. 19 of 1921. AN ACT to amend the Evidence Act, 1906. [Assented to 29th November, 1921.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Evidence Act Amendment Short title. Act, 1921. 2. The following section is hereby inserted between sections forty-one and forty-two of the Evidence Act, 1906, that is to say: 41a. (1.) On the prosecution of any person for the stealing of any property in or from any vessel, barge, or boat, or from any dock, wharf, or quay, or from any store or shed used in connection with or adjoining any such dock, wharf, or quay, or for receiving any such property, knowing it to have been so stolen, or for having on his person or in any place or conveying in any manner anything which may be reasonably suspected of being so stolen (a) evidence may be given of any writing, printing, or Evidence of cases relating stolen from ships, ownership in to property wharves, etc. Cf. N.S.W., No. 35 of 1918, s. 2. T., No. 20 of 1920, s. 2. |