Payments to seller.

(b) The amount to be paid to the seller shall be based upon the proportional value in honey delivered by him to the buyer during the period of each of said pools to the total receipts of moneys from the sale of all the honey in such pool, less the deductions hereinafter mentioned, and the total price per pound received by the seller from honey delivered to each of said pools shall be the same as that received by other members of such pool for honey of the same grade, classification and quality, provision being made for differences in freight charges and other equitable differentials.

Advances by buyer.

(c) The buyer may from time to time, as funds from the sale of honey accumulate, make such advances as in the discretion of the board of directors may be warranted by sales, market conditions or otherwise, but at any amount so advanced shall be considered as partial payment only, pending final accounting and settlement, and an accounting and settlement for honey sold from each pool shall be made with the seller as soon as practicable after final disposition of all honey contained in such pool; a final accounting and settlement for all honey delivered during each fiscal year shall be made as near the close of such fiscal year as is practicable. The buyer may also borrow money to make advances, and may in its discretion make advances from money so borrowed.

(Form from RICHARDS & HAGA, Boise, Idaho.)

Form 3624.

Provision for Pooling (Peaches).

5. The buyer shall pool the peaches of the grower with peaches of like kind, grade and classification purchased by the buyer under contracts similar to this, and the price to be paid to grower therefor shall be based on the average price per pound at which all peaches of like kind, grade and classification shall have been sold by the buyer. If, however, the grower request the buyer to sell the peaches purchased of the grower to any given purchaser, the buyer, if such sale can be made, will comply, if the prices and terms of sale are at least equal to the minimum fixed by the buyer at such time, and if such sale will

not in any way injuriously affect the business of the buyer. Such sale shall not, however, affect or change the basis or manner of accounting to grower.

Form 3625.

Provision for Warehouse Delivery (Tobacco).

16. (a) The grower hereby expressly authorizes the association to deliver to any warehouse or other corporation organized for cooperating with this association any or all of his tobacco for handling, processing, or manufacturing, or storing, and to charge against his tobacco and his prorated share of the funds an amount necessary to create a reserve, equivalent to one class of its preferred stock annually to retire the said class; and to pay the dividends on all outstanding stock thereof.

(b) The grower shall be charged for such deductions only on account of warehouses or plants within his district or within his benefit, as determined conclusively by the association; and for such deductions the grower shall receive a proportionate interest in such corporation.

Form 3626.

Provision as to Effect of Mortgaging Crop (Potatoes).

If the grower places a crop mortgage upon any of his crops during the term hereof, the association shall have the right to take delivery of his potatoes and to pay off all or part of the crop mortgage for the account of the grower and to charge the same against him individually.

The grower may place crop mortgages upon his potatoes; but agrees to notify the association in writing prior to making any such mortgage; and this association may advise the grower in any such transactions.

Form 3627.

Membership Provision in By-Laws (California Canning

(a)

Peach Growers).

ARTICLE XII.

This association is organized for the purpose of mutual help, for the purpose of serving its members only and providing

all of its facilities to them upon uniform rules and regulations to be prescribed by the board of directors of the association.

Members-Who eligible.

(b) Any person, firm or corporation or a manager or officer of any corporation or a member of any firm engaged in the production of canning peaches or owning or leasing land on which canning peaches are grown, may be admitted to the association and shall have voting power and property-rights therein on the same basis as all other members, in accordance with the general rules herein stated. All members agree to abide by all of the rules, resolutions and by-laws of the association with reference to the production, handling and marketing of their products as provided in these by-laws or as may be hereafter determined either by amendment to these by-laws or by resolution of the board of directors of the association. All members will sign standard marketing agreements from time to time, covering the canning peaches produced by or for them, when and as such agreements are approved by the board of directors and presented to the members for signature and acceptance.

The present marketing agreement is attached hereto and made a part hereof; and all other standard marketing agreements will be similar thereto in all substantial points.

All members shall be bound by all the terms of any such agreements.

Membership certificates.

(c) This association shall issue a certificate of membership to each member who has signed a marketing agreement in such form as may be provided by the directors but said membership shall not, nor shall said certificate thereof, be assigned by said member to any other person, nor shall a purchaser at execution sale or any other person who may succeed by operation of law or otherwise to the property interests of a member, be entitled to membership or to become a member of the association by virtue of such transfer. The board of directors of the association may, however, consent to any assignment and transfer and the acceptance of the assignee or transferee as a member of the association. The board will establish reasonable rules and regulations authorizing the acceptance of a transferee and recognizing as a member the purchaser of a member's land or lease, who acquires such member's membership certificate after signing a marketing agreement; and determine the conditions under which the executor or administrator of a deceased member may con

tinue as a member representing such deceased member; and the requirements for the issuance and transfer of an appropriate membership certificate to the successor or successors in interest of such member's land or lease and likewise the conditions for transfer of rights and certificate to a purchaser at execution sale and any successor by operation of law.

Members to market output in accordance with rules of association.

(d) No person shall be or remain a member of this association unless he is and remains qualified as provided in subdivision (b) of Article XII hereof, nor unless he shall market all canning peaches grown or owned by him in compliance with all the terms and provisions of the marketing agreements referred to in subdivision (b) of Article XII hereof and then in force; but no person shall cease to be a member hereof unless and until the board of directors by a majority vote, passes a specific resolution to that effect.

If any member shall cease, fail, neglect or refuse for any reason whatsoever to market all or any of the canning peaches owned or grown by him as provided by the said marketing agreements, then the board of directors may cancel his membership and his certificate and expel him from membership in this association; and all of his rights and interest therein shall by that act be canceled and such member shall be entitled only to payment, as provided by law, of the equitably appraised cash. value of his interest in the property of the association.

The expulsion of any member or any penalty imposed upon him for the breach of any of these by-laws shall be separate from and in addition to the provisions of the standard marketing agreements in reference to liquidated damages or other remedies. It is expressly understood that the association may exercise any rights whatsoever under the said standard marketing agreements for a breach of such agreements and in addition impose any penalty set forth in these by-laws for the express violation of a by-law.

Voting power of members.

(e) The voting power of the members of this association shall be equal; and each and every member hereof shall have one vote.

Property rights and interests.

(f) The property rights and interests of each member in the property of the association shall be equal; and each and

every member hereof shall have one unit of property rights and interests.

(g) The association, by action of the board of directors, shall have the full right to purchase the full interest of any member in the property or other rights of the association, at the book value thereof, whenever in the judgment of the said board, it is in the general interest of the association so to do; and the statement of book value thereof by the board of directors shall be conclusive. Any member whose rights are so purchased shall cease to be a member of the association and his membership certificate shall thereupon be canceled.

New members.

(h) Any person, firm or corporation or a manager or officer of any corporation or a member of any firm engaged in the production of canning peaches or owning or leasing land on which canning peaches are grown may be admitted to the association and shall have voting power and property-rights therein on the same basis as all other members, in accordance with the general rules herein stated.

Board to establish standards and grades.

(i) The board of directors shall have the power to establish and to revise and amend from time to time rules and regulations by which each member shall be governed with reference to the proper handling, packing, classifying, grading and shipping of canning peaches to secure a proper grading and standard of quality.

Membership fee.

(j) Every person shall pay to the association upon entering the association a membership fee, due and payable upon entrance, of five dollars or less, as determined by the board.

If the said entrance or membership fees are not actually paid when due, they shall be charged against the account of the member and deducted from his net returns under the standard marketing agreements and these by-laws.

Expense of maintaining organization.

(k) All expense of maintaining the association, including among other things, rents, salaries, taxes, insurance, office and inspection expense, advertising, and the like, shall be met so far as possible from the membership fees and thereafter from the charge provided in the marketing agreements.