R. & W. PAUL, LTD. v. WHEAT COMMISSION.

(1936) 55 Ll.L.Rep. 343

HOUSE OF LORDS.

Before Viscount Hailsham (Lord Chancellor), Lord Atkin, Lord Russell of Killowen, Lord Macmillan and Lord Wright.

Wheat Act, 1932-Middlings-Parcels imported by plaintiffs-Whether liable to quota payments as flour-"'Flour' means the products produced by the milling of wheat, and includes all such products except substances separated in the milling as wheat offals"-"'Wheat offals' means the residual products which, in the process of milling wheat, are extracted therefrom as germ or for animal or poultry food"-Arbitration under By-law No. 20 (S.R. & O., 1932, No. 588) made by Wheat Commission "for giving effect to the provisions of this Act"-"20. Any dispute arising between the Wheat Commission and any other person as to whether any substance is flour . . . shall be referred to the arbitration of such member of the panel of referees appointed for the purpose by the Minister of Agriculture and Fisheries as may be agreed upon by the parties to the dispute or, in default of agreement, nominated by that Minister, and the decision of the referee as to the matter in dispute shall be final and conclusive. The following provisions shall have effect in relation to any reference under this by-law-(a) The Arbitration Act, 1889, shall not apply. . . ."-Validity of by-law- Whether Wheat Commission protected by the Public Authorities Protection Act, 1893.