The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1894-05-11

pulCHdSeTS WlIulu IulTIy udyS dlIeT GULL
ing into their possession; and every such
sample when taken by an agent or repre-
sentative of the college, shall be taken
dealer in possession thereof, or of his or
their representatives, and when by an
owner or consumer, it shall be taken il
the presence of one dlsinterested wit.
ness; and every sample shall be taken
from bag or package, or a number of
bags or packages, which shall not be less
than five per cent of the whole lot to
which the sampling pertains; and in
every case not over two pounds shall be
taken from near the top, the bottom and
the middle of the bag or package
sampled, and these portions shall be
thoroughly mixed in clean dry place,
and a suitable sample shall be taken
from said mixture and placed in a suit
able vessel or vessels, carefully closed,
with identifying labels, both within and
without the vessel or vessels, and the
same then taken or sent by safe car
riage to the said college for analysis;
and there shall accompany every such
sample a full and complete statement
and description of the place and time of
sampling of the lot of fertilizer sampled,
of all marks on the bags or packages
thereof, and other facts relating to the
same, and such statement and descrip-
ton shall be signed by the person who
does the sarnpling and by the witness
thereto.
Sec. I. And be it enacted, That the
funds received by the comptroller from
the licenses issued under this act shall be
paid into the Treasury, and be set apart
as specific fund to pay the cost and
expenses of conducting the analysis
provided for in Section of this act; and
the treasurer shall semi-annually pay
over to the Maryland Agricultural Col
lege the money received from said
licenses, provided that the amount shall
not be more than at the rate of fifteen
dollars (S15.00) for each sample of fer
tilizer analyzed by the said college.
Sec. s. And be it enacted, That any
purchaser of fertilizer who shall be in
jured or defrauded by the contents of
bag, barrel or other packages not con-
forming in quantity and quality to the
marks, labels or statements on or ac-
companying the same, may recover from
the seller or sellers thereof in an action
of debt an amount equal to any purchase
money of said fertilizer and cost of suit,
and in case the purchase is made of an
agent o. any person or persons residing
out of the limits of the State of Mary
land, or company or corporation, whose
principle place of business is out of the
State, manufacturing, compounding, pre-
pairing and furnishing for sale any such
commercial fertilizer, the purchaser
thereof may, at his or her option, pro-
coed, by attachment, as now provided
for by law in cases of nonresident and
4bsconding debtors, against any prop
erty, rights OF credit of any person; per-
sons, company or corporation selling,
manufacturing, preparing, compound
ing or furnishing said fertilizer, when
such property, rights or credits can be
found within the limits of the State of
Maryland.
Sec 8. And be it enacted, That any
manufacturer, dealer, agent or other
person or persons who shall adulterate,
add to or take anything thing from any
fertilizer sold or offered for sale within
this State, or who shall use the brand or
trademark, of any manufacturer or
deemed guilty of misdemeanor, and
court having jurisdiction, be punished
by fine not exceeding two hundred
dollars (200) and imprisonment in Jail
not exceeding six months, or by both
fine and Imprisonment, at the discretion
of the court before whom he shall be
tried.
Sec. 10. And be it enacted, That this
Act shall not effect the parties import
ing, manufacturing or manipulating fer
tilizer for their own use, if not sold or
disposed of, and it shall not apply to
substances and materials sold in bulk to
manufacturers or manipulators of fertili-
ger, and nothing in this Act shall pre-
vent the buyer and seller from making
contracts in reference to the price to be
paid dependent upon the composition or
quality of the fertilizer contracted for,
but no arrangement or agreement, YER
bal or written, made by or between any
seller and buyer of fertilizer in this
State, for the purpose of eXonorating
the seller or manufacturer from liability
for any violation Of any of the pro-
visions Of this Act, shall exempt any
person from such liability.
Sec. IL. And be it enacted, That it
shall be the duty of all State Attorneys
to prosecute all persons accused of vio-
lating this Act or any of the provisions
of this Act or of the Act to which this is
a supplement.
Sec. 2. And be it enacted, That this
Act shall take effect from the first day
of May in the year eighteen hundred
and ninety-four.
Approved April g. 1894.
FRANK BROWN, Governor.