742 MANURES AND FERTILIZERS. [ART. 61

1912, ch. 212.

7. Any manufacturer, agent or representative who shall be con-
victed of making false and fraudulent representations as to the qualitv
and constituent elements of any fertilizers by the. printed analysis or
false or misleading statement upon any such bag or packages shall be
fined one hundred dollars ($100.00) for the first offense and two hun-
dred dollars ($200.00) for every subsequent offense thereafter; and
the report of the analysis of any such sample of fertilizer sent to. the
Agricultural College for examination under this article shall Be prima
facie evidence as to the quality of the lot of fertilizer from which said
sample was taken.

1904, art. 61, sec. 7. 1890, ch. 387, sec. 7. 1894, ch. 397. 1912, ch. 212.

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

Ibid. sec. 8. 1890, ch. 387, sec. 8. 1912, ch. 212.

9. Any purchaser of fertilizer who shall be injured or defrauded
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 analy-
sis 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 cor-
poration whose principal place of business is out of the State, the
purchaser may at his or her option proceed by attachment, as now pro-
vided for by the law in case of non-resident and absconding debtors,
against any property, right or credits of any person or persons, com-
pany or corporation furnishing said fertilizer when such property
rights or credits can be found within the limits of the State of Mary-
land; provided the purchaser of any fertilizer shall not be deemed to
be defrauded by a. shortage in one or two of the constituents of said
fertilizer not to exceed one-fifth of the amount guaranteed, if the short-
age 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.

Ibid. sec. 9. 1890, ch. 387, sec. 9. 1894, ch. 397. 1912, ch. 212.

10. Any manufacturer, dealer, agent or other person who shall
adulterate, add to or take anything from any fertilizer sold or offered