Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-03-06
rx,. Act IN preycnx Frauds In aIae
G.o,..~s.orcInl

The Act to Pfevcn4 Erau0s An tus
| sale OF Commercial Manufcs.
The late legislative enactment upon
| the subject of preventing frauds IN
the sale of commercial fertilizers pro-
vides:
Sec. l. That all commercial aanures
and manipulated guanos sold or kept
for sale in this State shall have affixed
to every bag, barrel or parcel thereof,
containing fifty pounds or upwards,
an especial name, trade mark ordeVice
| by which the same may be known or
DESIGNATED, with the naE1e and place
of residence of the manufacturer or
seller, together with true analysis,
which shall specify tho per centage
and form of chemical combination, ac-
tual ammonia, nitrogen in organic mat
! ter. potash soluble in acidulated water,
| phosphoric acid soluble in water OF
| sixty to seventy degrees, F., and phos-
phoric acid insoluble, and of other al
kaline substances contained ID such
package or parcel.
Sec. 2. That any manufacturer, or
trader, or agent, who shall sell, or
offer for sale, or have on hand for
sale, any commercial manures, or
manipulated guanos contrary to the
provisions of the first section of this
act. or who shall fraudulently affix
stamp, impress or card to the same,
shall be held personally liable for all
damages sustained by any one in the
purchase of such manure, and any
such commercial manures shall be
subject to attachment at the suit OF
any person damaged in the purchase
of any such fertilizer bearing such
name, trade mark or stamps.
Sec. 8. And the owner, manufac-
turer or person having such manure on
hand for sale, or selling. or offering
the same for sale, contrary to the pro-
Visions of this act, shall forfeit and pay
the sum of five dollars for each bag,
barrel or parcel of the same, and 1t
shall be the duty CT the sheriff or 9th
er lawful officer, to seize and sell the
same, and collect said penalty, and ac-
count to the public Treasurer for the
same as other taxes are accounted for.
Sec. 4. That any deficiency of the
above mentioned ingredients in such
fertilizers may be plead in the bar Of
the recovery of any debt contracted
for the purchase of any such fertilizer
Sec. 5. That upon the trial of any
such suit certificate of full and ac-
curate analysis, made by the State
Geologist, or under his direction, shall
be presumptive evidence of the cheml-
cal contents and ingredients contained ]
in the sample of fertilizer 50 analysed,
and of the package or parcel from
which the sample was taken, fer which
analysis the plaintiff in such sult shall
pay TO the State Geologist the sum of
fifteen dollars, to be recovered by sad
plaintiff as part Of the cost of suit.
Sec. 6. That the State GeOlogist, at
tie request of any person who shall
pay him the sum of fifteen dollars,
shall sample any lot Of fertilizer held
or offered for sale in this State. and
aualyze or cause the same to be an
alyZed: and If he shall find therein ey-
idcnce Of p failure to comply with the
provisions of this acf, he shall cause
the same TO be published in some agri
cultural or other public papers In the
citie>: Of Raleigh and Baltimore.
See. :. That it shall be lawful for
one or more parties III tie same coun
ty 70 join III one slllt against the man
ufacturer, and that III entering judg-
nent, should there lie more than one
party ,l'raaged. .he jury shall, III their
verdict, ascertain the damage t. each
party 50 joined in the suit ;ls plaintiff,
and a Judgment shall be rendered
therein accordingly.
P,-usiGC0, hOrcrs,., That the State
Gaoioc;st shall be entitled to fifteen
dollars for each separate analysis made
for parties at :uch sUit !: IrOEittt d,
That tll., State Ccologist sl.@li not he
entitled 10 any Zee or allowance for
services III making an analysis for. or
on account OF, or at the Instance of
any person engaged in farming or 9th
CT agricultural pursuit in the State.
This act was ratified OH the 10th Gay
of February, and was i'll force from
that date.