30

„f◻ S.

1.— Particulars of shipment to be duly declared.

2.— Bill of Lading to be considered proof of date of shipment in the absence of evidence to the contrary.

3.— Craft to be duly provided by Buyers or the seed to be landed or delivered to craft for Buyers' account and risk.

4.— In default of fulfilment of contraet, either party, at his discretion, after giving written notice, shall have the right of re-sale, re-purchase, or assessment of diffe- rence in value by arbitration as the case may be, and the defaulter shall make good on demand the loss, if any, by such re-purchase, re-sale, or assessment.

5.— Arbitrations in respect of quality shall be held upon working samples to be taken and sealed by Corporation Sworn Weighers. The obligation of taking such samples shall be on the Importer, who shall be responsible for their production if required for purposes of arbitration.

6.— All disputes arising out of this Contract shall be referred to two Arbitrators, one to be chosen by each party in difference, the said Arbitrators having power to call in a third, in case they shall deem it necessary. In the event, however, of one of the parties appointing an Arbitrator, and the other refusing, or, for fourteen days after notice in writing of the appoint- ment, neglecting to do so(registration of letter notifying appointment being deemed sufficient proof of notice), or, in case the Arbitrators appointed by the parties shall not within seven days after their appointment agree to an award, or appoint a third Arbitrator, or, after the appointment of such third Arbitrator, in case of the death, refusal to act, or incapacity of any one or more of such three Arbitrators, then, upon appli- cation of either of the disputing parties, the question in dispute shall stand referred to two Arbitrators to be nominated by the Executive Committee of the Hull Seed, Oil and Cake Association,(five members to form a quorum) and in case the two Arbitrators appointed by the Executive Committee shall not within seven days after their appointment agree to an award, or choose a third Arbitrator, then the Executive Committee shall appoint a third Arbitrator, and shall, in the case of the death, refusal to act, or incapacity of any such three Arbitrators, from time to time substitute a new Arbitrator or Arbitrators, in the place of the Arbitrator or Arbitrators so dying, refusing, or incapacitated.

The Arbitrators appointed shall in all cases be Members of the Association, and no person having any interest in the matter in dispute shall be competent to act as an Arbitrator..

The award in writing of any two Arbitrators, signed by them(subject only to the right of appeal hereinafter mentioned), shall be conclusive and binding upon all the disputing parties, both with respect to the matter in dispute, and all expenses of the reference and award.

Every award shall be written on a form to be supplied by the Association.

In case either party shall be dissatisfied with the award, a right of appeal shall lie to six members of the Executive Committee, to be appointed by the said Exe- cutive Committee for the purpose, provided it be claimed not later than twelve o'clock, on thee fourteenth day after that on which the objecting party shall have notice of the award(Sundays and Holidays not to be counted), and provided also the Appellant(if a Member of the Association) do pay to the Association as a fee for the investigation the sums following, viz:— if the parcel or parcels in respect of which the appeal is brought shall exceed 1000 qrs., the sum of 4 10; if the parcel or parcels in respect of which the appeal is brought shall not exceed 1000 qrs., the sum of f 5; or, provided also the Appellant(if not a Member of the Association) do pay to the Association as a fee for the investigation the sums following, viz:— if the parcel- or parcels in respect of which the appeal is brought shall exceed 1000 qrs., the sum of f 15; if the parcel or parcels in respect of which the appeal is brought shall not exceed 1000 qrs., the sum of£ 7 10s. The Committee of appeal shall have power to award by whom the fee for investigation shall be borne. The Committee of Appeal shall not modify an award unless at least four members of the said Committee shall vote in favour of such modification. An award signed by the Chairmann of the Meeting which shall hear such appeal, and countersigned by the Sectretary of the Chamber of Commerce or his substitute, shall be deemed to be the award of the Executive Committee, and shall in all cases be final.

No Member of the Executive Committee having any interest in the matter in dispute shall vote on the question of the appointment of Arbitrators, or in case of an appeal, sit or vote on the hearing of such appeal; nor shall the Arbitrators, whose decision is appealed aginist, vote on the hearing of the appeal.