ART. 61] RIGHT OF ACTION BY DEFRAUDED PURCHASER. 419

1890, ch. 387. 1894, ch. 397.

8. Any purchaser of fertilizer who shall be injured or
defrauded by the contents of the bag, barrel or other packages
not conforming in quantity or quality to the marks, labels or
statements on or accompanying the same 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 of 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, manufacturing, compounding, preparing and furnishing for
sale any such commercial fertilizer, the purchaser thereof may,
at his or her option, proceed by attachment, as now provided for
by law in cases of non-resident and absconding debtors, against
any property, rights or credit of any person, persons, company or
corporation selling, manufacturing, preparing, compounding or
furnishing said fertilizer, when such property, rights or cred^
can be found within the limits of the State of Maryland.

Ibid.

9. Any manufacturer, dealer, agent or other person or persons
who shall adulterate, add to or take anything from any fertilizer,
sold or offered for sale within this State, or who shall use the
brand or trade-mark of any manufacturer or dealer other than
his own, shall be deemed guilty of a misdemeanor, and shall,
upon conviction thereof in any court having jurisdiction, be
punished by a fine not exceeding two hundred dollars ($200) and
imprisonment in jail not exceeding six months, or by fine and
imprisonment, in the discretion of the court before whom he shall
be tried.

Ibid.

10. This article shall not affect parties importing, manufactur-
ing or manipulating fertilizer for their own use if not sold or
disposed of; and it shall not apply to substances and materials
sold in bulk to manufacturers or manipulators of fertilizer, and
nothing in this article shall prevent the buyer and seller from
making contracts in reference to the price to be paid dependent
upon the composition or quality of the fertilizer contracted for;
but no arrangement or agreement, verbal or written, made by or