568

LAWS OF MARYLAND.

chasers, within thirty days after coming into their possession,
and every such sample when taken by an agent or representa-
tive of the college, shall be taken in the presence of the owner,
agent or dealer in possession thereof, or of his or their repre-
sentatives, and when by an owner or consumer, it shall be
taken in the presence of one disinterested witness; and every
sample shall be taken from a bag or package or a number of
bags or packages, which shall not be less than five per cent,
of the whole lot to which the sampling pertains; and in every
case not over two pounds shall be taken, from near the top, the
bottom and the middle of the bag or packages sampled, and
these portions shall be thoroughly mixed in a clean dry place,
and a suitable sample shall be taken from said mixture and
placed in a suitable vessel or vessels carefully closed with
identifying labels, both within and without the 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
witness thereto.

Proceeds
from
licenses.

SEC. 7. And Be it enacted, 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 five of this act, and the Treasurer shall semi-annually
pay over to the Maryland Agricultural College the money
received from said licenses; provided, that the amount paid in
any one year shall not be more than at the rate of fifteen
dollars ($15.00) for each sample of fertilizer analyzed by the
said college.

Purchasers
defrauded
by labels.

SEC. 8. And be it enacted, That any purchaser of ferti-
lizer 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, pr company or corporation
whose principal place of business is out of the State, manufac-