and condition of the bags so to be delivered, and the responsibility and liability of the Agent under this Agreement shall continue until all wheat and bags have been delivered in accordance with this Clause. 16. In the performance by the Agent of his duties under this Agreement, he 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 Schedule hereto shall be modified so far as the Minister may require. 17. As a guarantee for the due observance and performance by the Agent of his duties and obligations under this Agreement, the Agent will enter a joint and several bond by himself and a surety, to be approved by the Minister, for the sum of Twenty thousand pounds (£20,000) and in such form as the Minister may require. 18. The liability of the Agent under this Agreement is limited to a total of one farthing per bushel on the wheat handled. 19. 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." 20. The powers hereby conferred upon or exercised by the Minister may be exercised by any Government Officer authorised by the Minister, and the Agent will act upon and carry out the instructions and directions of such Government Officers. 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 3/- 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 3/- per bushel of the whole of the Western Australian wheat (1917-18 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. Local Agent for The Westralian Farmers, Ltd. Name of Bank....... ........at...... SCHEDULE "B." Interim Receipt No. SCHEDULE "B" THE STATE OF WESTERN AUSTRALIA. No........ THE GOVERNMENT SCHEME FOR MARKETING THE WHEAT HARVEST, 1917-18. (Under War Conditions.) Certificate for Advance of 3s. per Bushel. Date...... ....has, as Vendor to This certifies that..... Bushels ....Bags...... the Government of Western Australia under the above Scheme, delivered to The Westralian Farmers, Ltd., at.......... Railway Siding,..... .....Bushels, Lbs.) of wheat, and is entitled to an advance on account of the purchase money thereof under the scheme of 3/- per bushel amounting to £ : Less Dockage on.. .Lbs. ( .bushels.. .lbs, at : per bushel £ Rail freight from above station (to be deducted from later payment) at.. Received from the Government of Western Australia per the.... THE GOVERNMENT SCHEME FOR MARKETING THE WHEAT HARVEST, 1917-18. (Under War Conditions.) THIS CERTIFIES that.... Certificate for Surplus. No.......... Date....... ..having, as Vendor to the Government of Western Australia under the above Scheme, delivered to The Westralian Farmers, Ltd., at .Railway Siding,... .Bushels..... ..Lbs. ( Bushels .Bags of wheat, and having received an advance on account of the purchase money thereof of 3/- per bushel is entitled to an account from the said Government of the balance of such purchase money and payments with debit of Rail Freight (from above Station) and in addition, £ Handling Charges, Interest, and all other charges. For The Westralian Farmers, Ltd. SCHEDULE "D." SCHEDULE "D." WHEAT MARKETING ACT, 1916. GOVERNMENT SCHEME FOR MARKETING THE WHEAT HARVEST, 1917-18 SEASON. The Westralian Farmers, Ltd., on behalf of the Western Australian Government, hereby acknowledge of f.a.q. wheat, for which payment by way of grist is required by the said farmer. .For The Westralian Farmers, Ltd. Acquiring Agent for Government of W.A. NOTE.-Wheat for Farmer's Grist not to exceed 100 bushels for the season. This Receipt is issued at the express wish of the farmer concerned and in lieu of the usual Interim Receipt and Certificate for Advance. .Mill. Acting as Gristing Agent for the W.A. Government. In exchange for this Receipt I hereby authorise you to forward me the equivalent of the above wheat in Flour, Bran, and Pollard, less gristing, railage, and other usual charges, and I agree to accept such products as full payment for the wheat referred to, from the said Government. In witness whereof the parties hereto have set their hands the day and year first above written. THE SECOND SCHEDULE. Millers' Gristing, Storing and Selling Agency. THIS AGREEMENT made the day of 1918, BETWEEN THE HONOURABLE CHARLES FARQUHARSON BAXTER, M.L.C., acting for and on behalf of the Government of the State of Western Australia, and hereinafter called "The Minister," of the one part, and hereinafter called "the Miller of the other part. WITNESSETH AS FOLLOWS: 1. Period of Agreement.-This Agreement, in so far as it relates to the supply and gristing of wheat, shall be and remain in force as from midnight on 3rd November, 1917, until midnight on 3rd November, 1918. 2. Gristing Agency.-The Miller agrees to grist wheat on behalf of the Minister, and undertakes that all wheat that is gristed at his mill, or his mills if he has more than one, during the period of this agreement shall be on account of the Minister in terms of this Agreement, unless otherwise mutually arranged. 3. Working Mill Full Time.-The Miller guarantees to work his mill, or mills, to its or their full capacity, working full time on three shifts: Provided that he shall be entitled to all reasonable time for overhaul of, and/or repairs alterations and/or additions to, plant or machinery; and further that the Miller shall not be required to work on Christmas Day, Good Friday, Eight Hours' Day, Sundays, or on any of the holidays set out in the Federal Arbitration Award. This clause is subject to clauses 4 and 11. 4. Efficient Service.-The Miller shall do the work assigned to him in a workmanlike manner, but shall not be liable for waste, provided that records as far as practicable are kept of all waste destroyed. The Miller shall be liable for all loss, damage, or other consequences arising out of the neglect of his employees, but shall not be liable for loss or damage by fire, storm, or tempest. The Miller shall not be liable for loss, damage, or delay caused by any strike or other industrial disturbance, or by any breakdown in plant or machinery or by any fire, storm, or tempest, or by any causes beyond the control of the Miller, provided that the Miller shall have kept his plant, machinery, mill buildings, and premises in reasonably good repair, order, and condition. 5. Supply of Wheat for Gristing.-The Minister guarantees that he will, for the purpose of this Agreement, deliver on trucks at the Miller's Siding (or, if there is no Mill Siding, on trucks at Mill Station) sufficient wheat to keep the mill or mills working full capacity (twenty-four hours per day), and the Minister accepts responsibility for all loss or damage incurred by the Miller through non-delivery of sufficient wheat, unless such non-delivery is caused by strikes, combinations of workmen or other industrial disturbances or by any breakdown in the railway service or temporary shortage of trucks, or by any other circumstances circumstances whatever outside the control of the Minister in actual control of the State Wheat Marketing Scheme; Provided always that the Miller places at the disposal of the Minister, free of charge, sufficient space at his mill, or, if he has more than one mill, at each of his mills, to accommodate enough wheat for four weeks full gristing capacity of such mill or mills: And provided further that in the event of the stocks of wheat held by the Miller falling below two weeks' supply, the Miller immediately notifies the Minister of such fact. The Miller agrees that if the wheat so stored is in any sense weevilled it shall be milled as soon as practicable. 6. (a.) Method of Delivery.-All wheat shall be delivered by the Minister to the mills in such quantities per day (except when a mill is not working under Clause 3, 4, or 11) as the Miller can conveniently receive and handle until such time as the Miller shall have a stock of wheat on hand sufficient to keep his mill, or mills, running full time for four weeks, and thereafter so long as such stock is maintained the Minister shall not deliver to the Miller more than bags of wheat per day. (b) Increased Deliveries.-If the Miller shall make alterations and/or additions to his machinery and/or plant and/or erect or acquire another mill or other mills, thereby increasing his daily requirements, the above quantity shall be proportionately increased. (c.) Weights.-All weights of wheat as delivered by the Minister to the Miller shall be taken as ex trucks, and all weights of flour and offal delivered by the Miller as hereinafter provided shall be taken as on trucks at his mill siding, or, where delivery is by cart, on cart at mill door. (d.) Checking Weights.-The Miller shall provide at his mill an adequate check on the weights of wheat received from the Minister or his agent. 7. Temporary Cessation of Deliveries.-If by reason of any cause mentioned in Clauses 3, 4, or 11, the Miller is unable to proceed with gristing, he shall immediately notify the Minister, who shall, within 24 hours of the receipt of such notice, cease to load up any further wheat for consignment to the Miller. If, however, the Minister still wishes to forward wheat to the Miller and the Miller agrees to receive such wheat, then the Minister will pay to the Miller 14d. per bag on all such wheat received and actually built into stack pending the resumption of gristing. 8. Unmillable Wheat.-Should the Minister deliver to the Miller wheat not in a fit condition for milling, the miller may reject same, but in the case of any dispute between the Minister and the Miller as to whether such wheat is unfit for milling, such dispute to be referred to the arbitrament of an independent arbitrator mutually acceptable. The Minister shall remove all wheat unfit for milling and pay to the Miller all charges incurred by the Miller in connection with the receipt, delivery, handling, or otherwise of such wheat: Provided that the quantity involved represents more than two per cent. of an average day's delivery of wheat to the mill. Wheat shall not be deemed unfit for milling by reason of the fact alone that it is affected by weevil. 9. |