ELIHU E. JACKSON, ESQUIBE, GOVERNOR.

427

possession, and every such sample when taken by an agent or rep-

resentative of the college, shall be taken in the presence of the

owner, agent or dealer in possession thereof, or of his or their

representative, and when taken by an owner or consumer, it shall

be taken in the presence of two disinterested witnesses, and every

sample shall be taken from a bag or package or a number of bags

or packages which shall be not less than five per cent, of the

whole lot to which the sampling pertains, and in every case about

Mode of

two pounds shall be taken from near the top, the bottom and the

sampling

middle of the bag or package sampled, and these two pound lots

shall be thoroughly mixed in a clean and dry place, and a sample

of not less than two nor more than three pounds shall be taken

from said mixture of samples and placed in a glass vessel or ves-

sels, and the same then taken or sent by safe carriage to the said

college for analysis, and there shall accompany every such sample

a full and complete statement and description of the place and

time of sampling, of the lot of fertilizer sampled, of all marks

on the bags or packages thereof, and other facts relating to the

same, and such statement and description shall be signed by the

person who does the sampling and by the witnesses thereto.

7. That the funds received by the comptroller from the licenses

issued under this act shall be paid into the treasury and be set

apart as a specific fund to pay the cost and expenses of conducting
the analysis provided for in section six of this act, and the treas-

Funds.

urer shall annually pay over to the Maryland agricultural college

the money received from said licenses; provided, that no larger

sum than three thousand dollars shall be so paid in any one year.

8. That any purchaser of fertilizer who shall be injured or de-

frauded by the contents of the bag, barrel or other package not

conforming in quality and quantity to the marks, labels or state-

ment 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

May re-
cover.

out of the limits of the State of Maryland, or company or corpora-

tion whose principal place of business is out of the State, manu-

facturing, 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 credits of any person, persons, company or corporations,

selling, manufacturing or compounding said fertilizer, when such

property, rights or credits can be found within the limits of the

State of Maryland.

9. That any manufacturer, dealer, agent or other person or

persons who shall adulterate, add to, take anything from any.fer-

tilizer sold or offered for sale within this State, or who shall use