The Montgomery advertiser., 1907-08-29
GENERAL LAWS
Enacted by the Legislature of Alabama.

| to said party selling or offering the same for sale In contracts for the | sale Of fertilizers in which an exces- sive or fictitious price is put upon l such fertilizers with the stipulation that if such fertilizers are paid for on or before certain date they may be l paid for in a smaller sum than such excessive or fictitious price or in cot ton or other products at an excessive or fictitious price the difference be- | tween the excessive or fictitious price charged for the efertilizers and real market value shall be held 8 penalty; and in all suits to enforce such con tract only the real market value of | such fertilizers with the interest there- on shall be recoverable. Parol evi- dence is competent to show such market price the situation of the parties and the consideration of such contracts as in cases of usury. notwithstanding any writing in the premises. Sec. 9. That guaranteed analysis of each and every brand of fertilizer and fertilizer material must without ex- ception remain uniform throughout the fiscal year for which it Is registered | and in no case even in subsequent reg istrations shall the grade be lowered. although the portion of available con- stituents may be changed so that the decrease of one constituent may be
 
 crease of the other or others. Such proposed change must first receive the approval of the Commissioner of Az riculture and Industries The brand name. or trade mark, registered by one manufacturer shall not be entitled to registration by another and the manu- facturer having first registered and used said brand. and. or, trade mark not be offered for current registration at the time. All such brand names which have heretofore been register ed shall be re-registered annually un- der the provisions of this Act oh or before December 1st of each year, and for the privileges of such registration the person. firm or corporation, or as- socIation of persons, so offering the same shall pay to the Commissioner of Agriculture and Industries at the time of offering the same for registra- ton, the sum of Five Dollars for each brand name registered, and no brand name shall be registered hereafter without. the payment of said sum. Such names as have been once registered under the provisions of this Act shall not hereafter be required to be regis tered again, in said year, unless the ingredients of the fertilizer or fer tiffzer materials to and upon which such name is used are changed; and in the event of such change the fee herein re- quired shall be again paid by the per- son, firm or corporation offering the said brand name for registration. Noth- ing in this section shall be construed so as to debar the right of any man. ufacturer to establish his ownership in and prior right of registration of any brand name and, or, trade mark whether said brand name and, or, trade mark, had been previously registered or not. Any brand name which has been va let he -tnV celled by writing duly signed and &C., knowledged or witnessed and filed in the office of the Commissioner of Az rieulture and Industries.
 Sec. 1S That the Commissioner of Agriculture and Industries shall be re- quired to secure samples of each and every brand of fertilizers or fertilizer material offered for sale or exchanged in the State of Alabama, and for this purpose he shall have authority to em- ploy for not exceeding three months in each year upon the approval of the Governor as many fertilizer samplers as he may deem necessary not to exceed one to each Congressional District, and said samplers to secure samples of each and every brand of fertilizers or fer tilizer materials offered for sale or ex- change in the State of Alabama, sam piers to be paid out of any moneys in Treasury to the credit of the Depart ment of Agriculture and Industries their salaries and expenses not to ex- ceed S200 per month, on requisition of the Commissioner of Agriculture; said samples to be procured in the following manner: samples drawn with such an instrument as shall secure the core from the entire length of the package from lots less than 10 pack ages from each sack. barrel or pack age and from lots of 10 packages or fo he foIr Pro- than 10 packages, and after thorough ly mixing the samples so drawn, he shall by the method known quar- tering, draw from such thoroughly mixed samples. two sub-samples and with them fill two sample bottles of not less than eight ounce capacity each and shall plainly mark on each of said bottles the number of said sample (the said number to corres- pond with the record kept by the Com missioner in his office), giving the name of the fertilizer or fertilizer ma terial, the name of the manufacturer, the guaranteed analysis, place where the sample was secured. the name of the party from whom the sample was taken, and the date of the sampling ] That one of said samples shall be re- tained by said Commissioner of Agri- culture and Industries In his office, the other of said samples marked only by said number, shall be sent to the State Chemist, who shall make a complete analysis of the same setting forth the percentages of water, soluble phospho- ric acid, citrate soluble phosphoric acid Cor the sum total of these two com ponents, constituting the available phosphoric acid, as may be required by the Commissioner of Agriculture and Industries), available phosphoric acid, acid soluble Cor insoluble) phosphoric acid, nitrogen and potash or such of those constituents as may be present, and certify under the same number as marked said analysis to said Com missioner, which analysis shall be re- corded as official and entered opposite the brand of fertilizer or fertilizer material, which the number represents; such official analysis of such fertilizer or fertilizer material under the seal of the Commissioner of Agriculture and Industries shall be admissible as evil dence in any of the courts of this State on trial of any issues involving the merits of such fertilizer or fertilizer material.
 Sec. IA That it shall be lawful for any purchaser of fertilizer or fertilizer material within ten days after the re- ceipt thereof to take in the presence of a Notary Public or Justice of tho Peace. or two disinterested witnesses sample of fertilizer in the following manner: In lots of ten sacks or less, a tsacupful which shall be taken from the top and bottom of each alternate packages: and in lots of from ten to ! aalF frnr at fpT n1rlF