(2.) Any proceedings in the High Court under this section may be heard and determined by a single Justice of the High Court sitting without a jury.

73. Proceedings in the High Court under the last proceding soetion may be commenced, prosecuted, and proceeded with in second ance with the practice and procedure of the Court applicable to Crown suits for the recovery of penalties, or in accordance with the directions of the Court or a Justice.

74. Where any pecuniary penalty is adjudged to be paid by any person convicted of an offence against this Act the Court may (a) commit the offender to gaol until the penalty is paid; or (b) release the offender upon his giving security for the payment of the penalty; or

(c) exercise for the enforcement and recovery of the penalty any power of distress or execution possessed by the Court for the enforce ment and recovery of penalties in any other case,

75. The powers of distress and execution for the enforcement and recovery of penalties may be exercised in the case of any pecuniary penalty adjudged to be paid by any offender, notwithstanding that he has been committed to gaol until the penalty is paid.

76. The gaoler of any gaol to which any offender has been com mitted for non-payment of any penalty shall discharge him

(a) on payment, by the offender to him, of the penalty adjudged; or (b) on a certificate from the proper officer of the Court that the penalty has been paid or realized; or

(c) if the penalty adjudged to be paid is not paid or realized according to the following table:

77. In any proceedings for an offence against this Act (other than proceedings for the commitment for trial of a person charged with an indictable offence) the Court may award cost against any party, and all provisions of this Act relating to the recovery of penalties. except as to commitment to gaol, -ba'l extend to the recovery of any costs adjudged to be paid.

Th. All from fines, in 1 penalties paid or recovered under this Art shall be paid to the Consell dstel Revere Fri

To The Grote pa' pat mace pecation

peru tsed to be prescribed, or are Levesary or convenient to be

prescribed, for giving effect to this Act, and in particular for any of the following purposes:

(a) for prescribing the procedure and practice of the Commission under this Act;

(b) for enabling the Commission in cases to be specified in such regulations to exercise its jurisdiction by any one Commissioner; Provided that any person aggrieved by any order or decision made in any such case may require a rehearing by all the Commissioners; (c) For prescribing the fees to be taken and scales of costs to be allowed in relation to any proceedings before the Commission;

(d) for imposing penalties (not exceeding in the case of a pecuniary penalty One hundred pounds and in the case of imprisonment a period of three months) for any breach of the regulations.

EXHIBIT D.-GERMAN LAW CONCERNING THE SALE OF POTASH SALTS OF MAY 25, 1910.1

We, William, by God's grace German Emperor, King of Prussia, etc., decree in the name of the Empire, with the consent of the Federal Council and the Imperial Diet, as follows:

For the period up to December 31, 1925, the following regulations are in force relative to the sale of potash salts:

PART I.-GENERAL REGULATIONS.

SECTION 1.

Potash salts may be sold by the possessors of potash works only in accordance with the provisions of this law.

SECTION 2.-Definition of potash salts.

Potash salts in the meaning of this law are:

(a) Potassic minerals obtained from potash salt mines-crude potash salts-in solid or dissolved form.

(b) Chloride of potassium, sulphate of potash, sulphate of potashmagnesia, the so-called potash manure salts, as also all other manufactures containing potassium, which are generally produced directly from the crude potash salts; furthermore, all residues of these prod ucts containing potassium.

(c) The mixtures of crude salts (a) and manufactured products (b)-mixed salts.

In doubtful cases as to whether a product of the potash industry belongs to the potash salts cited under a to c, the Federal Council decides.

SECTION 3.-Definition of a sale.

A sale within the meaning of this law is any transfer of possession of potash salts to another.

The delivery of potash salts to a factory or department of a factory belonging to the possessor of a potash works for the purpose of

1 Gesetz über den Absatz von Kalisalzen vom 25 Mai 1910; Reichsgesetzblatt 1910, 8.775

being further worked into products not mentioned under section 2, paragraphs 1 (b) and (c), constitutes a sale.

Thirdly, every shipment of potash salts to a foreign country constitutes a sale.

The delivery of crude salts to be further worked into the products designated under section 2, paragraphs 1 (b) and (c), to a factory, the possessor of which is absolutely held to comply with the provisions relative to selling, by the possessor of the potash works making the delivery, does not, however, constitute a sale. The materials produced in such factories are considered as the products of the potash works supplying the crude salts. The apportioning office decides whether the factory comes under the provisions of this paragraph.

SECTION 4.-Sales abroad.

The sale of potash salts into a foreign country may be effected only by the possessors of potash works.

SECTION 5.

The products designated in section 2, paragraph 1, under (b) and (c), may be produced only by possessors of potash works and the possessors of separate factories (sec. 49) existing at the time this law goes into effect. Possessors of separate factories have this right only so long as they do not make these products on a larger scale than heretofore.

SECTION 6.-Definition of possessor of potash works.

Anyone operating for his own account a potash mine (potash works) is the possessor of a potash works within the meaning of this law. Provisions made for the possessor of a potash works are also valid for unions of the same.

PART II.-DETERMINATION OF THE TOTAL QUANTITY OF THE SALES AND OF THE SHARE IN THE SALE OF THE SEPARATE POTASH WORKS.

SECTION 7.-Total quantity of the sale.

The total quantity of the sale to be allotted for the calendar year to the possessors of potash works is determined yearly by the apportioning office. It is to be determined in metric hundredweights [100 kg.] of pure potash (K2O) and is to be at least as much as the total sale determined for the previous year plus 5 per cent. At the same time the apportioning office has to decide what part of the total sales quantity is for the domestic market and for export and what quantities of the different sorts are to be supplied.

The apportioning office may subsequently increase the quantities determined on.

For the period from May 1, 1910 to December 31, 1910, a proportionate quantity is to be determined on by the Federal Council.

SECTION 8.-Quotas.

The determination of the relative shares of the separate possessors of potash works in the sale of potash salts (quotas) is made by the apportioning office.

The possessors of potash works participate in the domestic sale and in the export sale, as also in the sale of the different sorts of potash salts, in accordance with their quotas.

The possessor of a potash works may exceed the sales quantity allotted to him by at most 10 per cent, if he renounces the assignment of a corresponding sales quantity for the following calendar year. If he remains below the sales quantity allotted to him by at most 10 per cent he may deliver a corresponding quantity within the next calendar year.

Possessors of potash works who in consequence of the nature of their deposits can not supply some of the kinds of potash salts mentioned in section 20, paragraph 1, are to be given a proportionate participation in other kinds of potash salts by the apportioning office for the purpose of equalization.

The participation of a possessor of a potash works in the export sale decreases in the same proportion in which the possessor of a potash works falls behind the participation in the domestic sale during the calendar year.

SECTION 9.-Principles for the determination of quotas.

The quotas are expressed in thousandths of the total sale. A division of the thousandths may be expressed only according to the decimal system.

The size of the quotas is to be determined by the extent and nature of the potash-salt deposits opened up by workings and borings, as also by the capacity of the operating equipment.

Only one quota is determined for each potash works.

SECTION 10.

If from one potash works several are formed, they count only then as independent works, to be given separate quotas, even when they have been extended by the purchase of parts of outside areas; if

(1) According to the character of the geological conditions and according to the information gained by workings and borings at least 50,000 metric hundredweights of pure potash (KO) can be supplied annually for 50 years.

(2) They are so equipped with technical devices that they can mine and ship a quantity of crude sålt corresponding to their quotas.

SECTION 11.

For a second operating shaft opened in the same works and connected with the main shaft an addition to the quota will be granted from January 1, 1912, which amounts to 10 per cent of the average quota of all works. For second shafts which become operative after the 1st of January, 1912, the addition enters into force with the day on which the opening with the main shaft is effected.

SECTION 12.-Provisional quotas.

To possessors of such potash works which become capable of delivery after promulgation of the law there will be assigned a provisional quota for the first two years after the potash-salt deposit has

been reached by workings, and if a sufficient determination of the nature of the deposit and operating conditions has not been arrived at, then until such determination is obtained, the same is to be made high enough to allow of a regular opening and preparation of the deposit. The provisional quota must not exceed 50 per cent of the average quota of all the works.

After determining the nature of the deposit and the operating conditions, but at the earliest not until the expiration of two years after the potash-salt deposit has been reached by workings, a final quota is established for such works. For the third year after the potash deposit has been reached the quota is 30 per cent less than this final quota, for the fourth year 20 per cent less, and for the fifth year 10 per cent less.

Potash works which are in possession of and in operation by the Empire or one of the federated States, or in which the Empire or a federated State is interested to the extent of at least one-third, are given, until the nature of the deposit and operating conditions are determined, a temporary quota according to paragraph 1, and as soon as the determination is effected a final quota; the limitations of paragraph 2 are not applicable to these works. The same applies to other works which before December 17, 1909, have begun the sinking of shafts or have evidently made serious preliminary efforts therefor; that is, if they have continued the sinking of shafts or the preliminary work without culpable delay.

SECTION 13.-Reduction of the quotas.

If in a potash works the wages paid to a class of workmen decrease in the yearly average for a regular shift below the wage paid to this class on the average for the calendar years 1907 to 1909, then the quota of the works is reduced for the following year in the same proportion in which the wage has decreased for the labor class which has suffered the greatest wage reduction.

The quota is furthermore reduced if in a labor class the regular time of work is extended beyond the time limit prevailing in the year 1909, and that reduction is in proportion to the increase to the labor class most affected.

The decrease in the quota is at least 10 per cent.

If potash works were not yet in operation in the year 1909, or if particular kinds of labor in the works were started only after the beginning of the year 1909, or if the operating conditions in the works have changed materially as compared with those of the year 1909, a reduction is made if the wage conditions or the length of shifts in the yearly average after the beginning of production were more unfavorable than they were in the yearly average during the years 1907 to 1909 in other potash works with similar conditions.

SECTION 14.

A reduction of the quota is not made if the possessor of a potash works proves that the average wage scale was not reduced for work done on the shift basis or by contract as compared with the wage scale paid for similar work done in the years 1907 to 1909.