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454 MANURES AND FERTILIZERS. [ART. LXI
It shall be unlawful for any individual, representative, or agent, of any
corporation or firm, or any corporation or firm itself either directly, or
indirectly, to have any communication with the said College, or its
chemists, agents or representatives, or the sender of any sample to said
College, regarding the analysis of any fertilizer, or fertilizers, sent to
the said College by the purchaser or purchasers thereof for analysis
until after the report of said analysis. The Maryland State College of
Agriculture, the State Chemist, their agents, or representatives, shall
not furnish any information, or communicate with any manufacturer
of fertilizer, about any such sample submitted for analysis until after
a report of the analysis so made shall have been duly furnished to the
applicant for such analysis.
1918, ch. 315, sec. 11.
11. Any purchaser of fertilizer who shall be injured, or defrauded,
by' the failure of the contents of any bag, barrel, or other package of
fertilizer, or any fertilizer in bulk, to conform to the statement of the
quantity, quality, marks, labels on or accompanying the same, or filed
with the Maryland State College of Agriculture, 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 recover from the seller,
or sellers, thereof in an action of debt an amount equal to the purchase
money of said fertilizer 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 any company, or corporation, whose prin-
cipal place of business is out of the State of Maryland, the purchaser
may at his, or her, option proceed by attachment as now provided for
by law in case of non-resident and absconding debtors, against any
property, rights or credits, of any person, or persons, company, or cor-
poration, furnishing said fertilizer when such property rights, or credits,
can be found within the State of Maryland; provided, the purchaser
of any fertilizer shall not be deemed to be defrauded by a shortage in
the constituents of said fertilizer when the said shortage does not exceed
5% of the amount guaranteed, but on account of said shortage shall be
entitled to recover as liquidated damages the amount of the commercial
value of said shortage, provided however, should said shortage be more
than 5 % of the commercial value guaranteed that the purchaser shall be
entitled to recover as liquidated damages twice the amount of the
shortage in commercial value and provided further should a shortage
in one or more constituents exceed one-fifth of the guaranteed analysis
the purchaser shall be entitled to recover as liquidated damages twice
the commercial value of said shortage without any compensation being
allowed for any excess in other constituent or constituents except how-
ever in no event shall the purchaser be entitled to recover an amount in
excess of the purchase price of said fertilizer.
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