PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 421

dence as to the quality of the lot of fertilizer from which
said sample was taken.

SEC. 8. All inspection fees received by the State Chemist
under section 2 of this act shall be paid into the treasury of
the Maryland Agricultural College, as directed by the trustees
thereof, to pay for the cost of the analyses, inspection, sampling
and other expenses required by this act.

SEC. 9. Any purchaser of fertilizer who shall be injured or
defranded by the contents of the bag, barrel or other package or
fertilizer in bulk not conforming in quantity or quality to the
marks, labels or statements on or accompanying the same, or
who shall purchase fertilizer branded "pure bone" when the
same is adulterated with oyster shell or other foreign matter,
even if the analysis corresponds to the guaranteed analysis on
the package, may receive from the seller or sellers thereof in an
action of debt an amount equal to the purchase money and cost
of suit; and in case the purchase is made of an agent or any
person or persons residing out of the limits of the State of
Maryland, or company or corporation whose principal place of
business is out of the State, the purchaser may at his or her
option proceed by attachment, as now provided for by the law
in case of non-resident and absconding debtors, against any
property, right or credits of any person or persons, company
or corporation furnishing said fertilizer when such property
rights or credits can be found within the limits of the State of
Maryland; provided the purchaser of any fertilizer shall not
be deemed to be defranded by a shortage in one or two of the
constituents of said fertilizer not to exceed one-fifth of the
amount guaranteed, if the shortage is accompanied by an excess
of other constituent or constituents of double the commercial
value; and provided further, that if the shortage does not exceed
20 per cent, of the amount guaranteed, otherwise the purchaser
may receive as damages twice the amount of value of such
shortage.

SEC. 10. Any manufacturer, dealer, agent or other person
who shall adulterate, add to or take anything from any fertilizer
sold or offered for sale within this State, shall be deemed guilty
of a misdemeanor and shall, upon conviction thereof in any
Court having jurisdiction, be punished by a fine not to exceed
two hundred dollars ($200.00) and imprisonment in jail not
exceeding six months, or by fine and imprisonment, at the dis-
cretion of the Court before whom he shall be tried.

SEC. 11. This act shall not apply to substances and mate-
rials sold in bulk to manufacturers or manipulators of fer-