The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1882-05-19
DUBLIC LOCAL LAW
RELATING TO HARTFORD COUNTY

PASSED JANUARY SESSION, 1882.

AN ACT to Prevent Fraud in the Manufacture
and Sale of Commercial Fertilizers and Bono
Dust in Hartford County.
SECTION |. BE IL tndcted6y the General Assembly
q hUWdhd, Ihat any person, company or corpor-
alton, who shall offer, sell or expose for sale in
Hartford county any commercial fertilizer or bone
dust the price Of which exceeds ten dollars ton,
snail allx to every package, in conspicuous
place on the outsie thereof, plainly marked
certificate, stating the number OF net pounds in
the package sold or offered for SALE the name or
trademark, under which the article is Sold the
naino of the manufactures, and the place of man
ufacture, and a chemical analysis stating the per-
centHge of nitrogen or its equivalent in ammonia
in an available form. of potash soluble in water,
and OF phosphoric acid In an available form, sol
uolc or rcVcrted,) as well as the total phosphoric
acid.
SEC 2. Before any commercial fertilizer or
bone dust is sold or offered for sale, the manufac-
iurer, importer or party who causes it TO be sold
or offered for sale within Hartford county. shall
ME win the Clerk to the County Commissioners
of Hartford county, certified cOpy of the certif-
cate mentioned in the foregoing section of this
act, and also an affidavit that the analysis filed has
been properly made by competent chemist, and
shall deposit with said clerk sealed glass or tin
vessel, containing not less than one pound of the
fertilizer or bone dust, accompanied with an af-
daVit that II is Il fair average sample. And II
shall be the duty of said clerk to mark said depos
Its with the name OF the manufacturer, and keep
record OF the name OF the person agent depos-
itng the same, and of the time when deposited
and said Clerk shall receive a fee of fifty cents
for each deposit, to be paid by the person depos-
iting the same.
SEC. 3. The manufacturer importer or agent
of any commercial fertilizer or bone dust, exceed
ing ten dollars per ton in price, shall pay annual
ly, on or before the first day of May, license fee
of twenty dollars, and shall give bond in the
sum of one thousand dollars, with NJ least two
sureties, residents of Hartford county, answerable
for the damages and fines herein after mt nj toned,
which bond shall be satisfactory TO and shall be
filed with said Clerk, for the privilege of selling
or Offering for sale any commercial fertilizer or
bone dust in Hartford county, said fee to be paid
to the Clerk aforesaid: provided, that whenever
the manufacturer or importer shall have paid the
license fee herein required for any persons act
ing as agents for such nufacturer or importer,
such agents shall not be required to pay the fee
named in this section.
SEC 4. All analyses OF commercial fertilizers
or bone dust shall be made by an experienced
chemist, who shall be appointed by the Governor
at the same time State officers are appointed; the
said chemist to serve for two years or until his
successor is duly appointed and qualified. The
annual salary to be paid to said chemist shall be
five dollars, which shall be paid out of the Treas
my of the state. The said chemist shall receive,
in addition to the said annual salary fee of $25
for each and every analysis made by him III der
the provisions of this act, to be paid by the said
Clerk out of the funds in his hands arising from
licenses or fines
SEC. s. Said Clerk shall publish annually, for
two weeks, in one or more newspapers of the
county, beginning the first week in May, cor
rect report of all certificates fled together with
statement OF moneys received on account of IL
censo fees. and expended on account of analyses
and any surplus. arising from license PERMITS or
fines, shall be placed to the credit Of the public
roads OF Hartford county.
SEC. 8. Any person or party who shall offer or
expose for sale any commercial fertilizer or bone
sections one, two, and three of this act or shall
permit an analysis TO be attached 70 any package
of such fertilizer, stating that it contains larger
percentage OF any one or more of the constituents
named in section one of this act. than 1t really
does contain sha be fined not less than two hum
dred dollars for the first oense and not less than
Ave hundred dollars for every subsequent offense
but the fines Shall not be inflicted for violations
of the provisions of this act more than once for
violations in any one shipment into this county,
nor for any one lot, II made in Hartford county
provided, however, THAI Il deficiency of one per
| nnnf nt pitr tn Go,
cent. of phosphorc acid, claimed to be contained,
shall not be considered as evidence of fraudulent
intent.
SEC. : Suit may be brought for the recovery of
fines and damages under the provisions of this
act, In the Circuit Court for Hartford county and
all fines so recovered shall be paid TO the Clerk to
the County Commissioners, to be accounted for
| and to be disposed of by him in the same manner
as the fees arising from licenses, as provided for
| in section of this act.
SEC The Clerk to the County Commission
ers, or some competent person, by him deputized,
is hereby empowered to select from any package
of commercial fertilizer or bone dust sold in lar
rord county, upon the request of the purchaser,
quantity, not exceeding TWO pounds, which shall
be securely enclosed In a tin or glass vessel, and
deposited with the said Clerk, who shall properly
number the same, but shall affix no other marks
thereto And the said Clerk shall correctly re-
cord the number of the sample, by whom deposit
ted, the date of the deposit the name of the art-
Gle. and such other information as may be fur
nished by the depositor of the sample And the
said Clerk shall give to the said depositor re-
cept for the sample, setting forth the number by
which 1t is recorded, and the information fur
nished the sad Clerk in regard thereto by the de-
postur. For every such record and receipt the
Clerk shall be entitled to fee of fifty cents, to
be paid by the person depositng the sample. The
fee TO the said Clerk shall be one dollar, to be
paid by the person requesting the said sample to
be drawn. The sample so numbered and de-
scribed shall be for analysis. to compare with the
sample deposited with said Clerk. as provided in
section of this act, and with the certificate
found on the packages from which the sample
was drawn.
SEC All suits for the recovery of fines I'M
der the provisions Of this act shall be brought by
the Clerk to the County Commissioners, in the
name of the State If Maryland.
SEC. 10. In every suit for the recovery OF fines
or of damages. under the provisions of this act
the Clerk to the County Commissioners shall for
ward TO the chemist selected under the provisions
of section 4, for analysis, the numbered sample of
commercial fertilizer or bone dust deposited with
the said Clerk by the party bringing the suit and
the sworn report of the analysis of such CONNER
cta fertilizer or bone dust, by the chemist afore-
said, shall be received as evidence IN the case.
SEC. ii. BE II enacted, That all acts or parts of
acts inconsistent with this act be and the same
are hereby repealed.
SEC. II Be IL enacted, that this act shall take
effect from the date of its passage, to the APP
pointment of officers to carry out the provisions
thereof but as to all other provisions not to take
effect until the first day of August, 1882.
We HEREBY certify, That the aforegoing is a cor
rect copy of an Act of the General Assembly or
Maryland, passed January Session, 1882.
Approved May 3D., 1892
JOSEPH b. SETH,
Chief Clerk of the House of Delegates.