Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1901-12-26


of fertilizers or fertilizer material which
the mark and number represent; and the
said official analysis of such fertilizer or
fertilizer material, under the seal of the
commissioner of agriculture, shall be adj
missable as evidence in any Of the courts
of this state on the trial Of any issue
involving the merits Of such fertilizer or
fertilizer material.
Sec. r. Be IT further enacted, That the
commissioner of agriculture shall have au-
thority to establish such rules and reg
ulations in regard to the inspection, an
alysis and sale of fertilizers and fertil-
izer material as shall not be inconsist-
ent with the provisions of this act, and as
In his judgment will best carry out the re-
quirements Thereof.
Sec Is. Be IT further enacted, That moth
ing in this act shall be construed to restrict
or avoid sales of acid phosphate or any
other fertilizer material to each other by
importers, manufacturers or manipula-
tors. who mix fertilizer materials for sale,
or as preventing the free and unrestrict-
ed shipments of material to manufactur-
ers or manipulators who have registered
their brands as required by the provisions
Of this act.
Sec. IA. Be it further enacted. That any
son selling or offering for sale and fer
tilizer or fertilizer material without hav-
ing first complied with the provisions or
this act shall be guilty Of a misdemeanor'
and on conviction thereof shall be pun
ished as prescribed in 1893 of the criminal
Code Of Georgia, provided this act snali
not go into effect until after the first day
of August, 1902.
Sec *. Re II further enacted, That there
shall be nothing in this act which shall
be construed to nullify any OF the re-
ouirements of an act fixing the methods
or determining the value Of commercial
fertilizers by the purchasers, and moor
porated in the provisions Of the herein
amended Ellington bill, which is as FOL
lows: .,,,-
in this state to fix method for deter
mining the value of the same, and FOR
other purposes.
Section i. Be it enacted by the general
assembly. of Georgia, and it is hereby en-
acted by authority of the same, that
from and after the passage of this ACT.
it shall be lawful for any purchaser OF
fertilizer from any owner thereof or
agent of such owner, to require or the
person selling, and at the time of sale or
delivery, to take from each lot or eacn
brand sold a sample of its contents.
Sec. 2. Be it further enacted, That
said sample or samples of fertilizer shalI
be taken in the presence OF both pur-
chaser and seller, in the following man
ner: Two cupfuls of the fertilizer snail
be taken from the top and two cupfuls
from the bottom of each sack, provided,
there are not more than two sacks in the
lot. but in lots of 10 to 100 sacks, from
not less than 10 sacks; in lots OF 100 and
over over: from not less than 10 per cent
of the entire number. The samples SO
taken shall be intermixed upon some sur
face so as not to mix any dirt or other
substance with the fertilizer. Then from
~fg 81 he nj small nOrtiOnS
at a. time shall be scooped up in the cup,
and transferred to a wide-mouthed bot
tie of not less than one pint in capacity.
This bottle shall now be corked with a
suitable cork The cork must either be
pressed home flush with the mouth or the
bottle or else cut across until 1t hush or
even with the mouth of the bottle. 1t
shall then be taken by both parties at in
terest to the ordinary of the county, who
shall seal the same in their presence, In
the following manner. He shall COM
pletely cover the entire surface Of the
cork with sealing wax, and then impress
upon the molten wax his official seal,
bearing his name and the style OF his
office. He shall then label the same with
the names of the parties and of the fer
tilizers. a8a
Sec. 8. Be it further enacted, That said
ordinary shall safely weep said package
allowing neither party access 70 the same,
save as hereinafter provided. The ordinary
shall receive a fee of 10 cents from the
party depositing such cample for each
sample so deposited.
Sec A. Be it further enacted, That
should aid purchaser, after having used
such fertilizers upon his crops, have rea-
son to believe from the yields thereof that
said fertilizer was totally or partially
worthless, he shall notify the seller, and
apply to the ordinary to forward the SAID
sample deposited with him to the state
chemist, without stating the name of the
parties, the name of the fertilizers or
giving it's guaranteed analysis, the cost
of sending being prepaid by the purchaser
Before forwarding sample to the state
chemist for analysis the ordinary shall
take the affidavit of the purchaser that he
has gathered his crop, and believes from
the yield thereof that the fertilizer used
was worthless or partially worthless. The
ordinary shall notify the state chemist at
the same time that he forwards the sam
pie that he has taken and filed such writ
ten affidavit of the purchaser.
Sec. 5. Be it further enacted, That it
shall be the duty of said state chemist to
analyze and send copy of the result to
said ordinary.
Sec. 6. Be it further enacted, That should
said analysis show that said fertilizer
comes up to the guaranteed analysis upon
which II is solo, Lnen the statement 50
sent by the state chemist shall be con-
elusive evidence against plea of total or
partial failure of consideration. But
should said analysis show that such fer
tilizer does not come up to the guaran-
teed analysis, then the sale shall be Illegal,
null and void, and when suit is brought
upon any evidence of Indebtedness given
for such fertilizer the statement of such
state chemist so transmitted to the ordi-
nary shall be conclusive evidence Of the
facts, whether such evidence of indebted
ness is held by an innocent third party or
not.
Sec. Z. Be 1t further enacted, That in lieu
of the state chemist, should the parties to
the contract agree upon some other chem
list to make said analyst, all the provisions
of the act shall apply to his analysis and
report to the ordinary.
Sec s. Be 1t further enacted, That should
the seller refuse to take said sample when
so requested by the purchaser, then upon
proof of this fact the purchaser shall be
entitled to his plea Of failure of consider
alton, and to support the same by proof
of the want of effect and benefit of said
fertilizer upon his crops, which proof shall
be sufficient to authorize the jury to sus-
tain defendants plea within whole or in
part. whether said suit is brought by an
innocent holder or not
Approved December q, 1890.
Sec. 16. Be 1t further enacted. That there
shall be nothing in this act which shall be
construed to nullify any Of the require