The Birmingham age-herald., 1907-08-29

than II per cent plant food. namely; available phosphorlc acid nitrogen cal enlated as ammonia, and potash. either sipsly or in combination, provided that no complete fertilizer shall be sold in the state which contains less than one and siNty-fiye hundredths per cent of nitro gen equivalent to two per cent of ann monla
 Sec. 8. It shall he unlawful for any manufacturer, mixer, jobber merchant or other person. either by themselves or through thelr agents. to sell or offer for sale in this state, any fertilizers or fer tilizer materials that have not been reg istered with the Commissioner of AgIi- culture and Industries. as required by this act The fact that the purchaser valves the tagging and analysis thereof shall be no protection to said party sell Ing or offering the same for sale In con tracts for the sale Of fertilizers in which an excessive or fictitious price Is pit upon such fertilizers with the stipulation that if such fertilizers are paid for on or before q certain date they may be paid for in a smaller sum than such excessive or fictitious price or in cotton or other products at an excessive or fictitious price the difference between the excessive or fictitious price charged for the fcrtl- izers and real market value shall be held a penalty, and in all suits to enforce such contract only the real market value of such fertilizers with the interest there on shall be recoverable Parol evidence 4. af ,.rty4 the situation of the parties and the con sderation of such contracts as in cases of usury, notwithstanding any writing in the premises.
 Sec g. That guaranteed analysis of each and every brand of fertilizer an1 fertilizer material must without excep- ttion remain uniform throughout the ils- cal year for which it is registered, and in no case. even in subsequent registra- tions, shall the grade be lowered. al- though the portion of available constit- uents may be changed so that the de- crease of one constituent may be com pensated for in value by the increase ol the other or others. Such proposed change must first receive the approval 
 Industries. The brand name, or trade mark. registered by one manufacturer shall not be entitled to registration by another and the manufacturer 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 reg istered shall be re-registered annually under the provisions of this act on or before December 1st of each year, an1 for the privilege of such registration the person, firm corporation, or assocla- tion of persons so offering the same shall pay to the Commissioner of Agriculture and Industries at the time of offering the same for registration, the sum of Five Dollars for each brand name registered and no brand name shall be registered hereinafter without the payment of said sum. Such names as have been once reg istered under the provisions of this act shall not hereafter be required to be reg istered again in said year, unless the in- gredlents of the fertilizer or fertilizer materials to and upon which such name is used are changed; and in the event or such change the fee herein required shall be again paid by the person, firm or cor poration offering the said brand name for registration. Nothing in this section shall be construed so as to debar the right of any manufacturer to establish his ownership in, and prior right of reg istratio of any brand name and, or trade mark, whether said brand name, and. or trade mark, has been previously registered or not Any brand name whlch has been registered may be changed or cancelled by writing, duly signed ana ac- knowledged or witnessed, and filed In the office of the Commissioner of Agricul- ture and Industries.
 Sec. 13 That the Commissioner of Az riculture and Industries shall be required to secure samples of each and every brand of fertilizer or fertilizer material offered for sale exchanged In the state of Alabama, and for this purpose he shall have authority to employ for not exceeding three months in each year. upon approval of the Governor. as many fertilizer samplers as he may deem nee essary. not to exceed one to each Con eressional District, and said samplers to secure samples of each and every brand of fertilizer or fertilizer materials offered for sale or exchange in the state of Ali- bama samplers to be paid out Of any moneys in Treasury to the credit of the Department of Agriculture and Indus tries, their salaries and expenses not to exceed S2OO per month. on the 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 ten packages from each sack, barrel or package, and from lots of ten packages or more, samples to De taken from not less than ten packages, and after thoroughly mixing the samples so drawn, he shall by the method known as uuartering, draw from such thorough ly mixed samples two sub-samples, and with them fill two sample bottles of not less than eight ounce capac city each, and shall plainly mark on each of said bot ties the number of said sample dhe said number to correspond with the record kept by the Commissioner in his offioe). giving the name of the fertilizer or fer tilizer material the name of the manu- facturer. the guaranteed analysis, place where the samples was secured, the name of the party from whom the sample Was lao. lita.-