764 LAWS OF MARYLAND. [CH. 315

and in case the purchase is made of an agent, or any person,
or persons, residing out of the limits of the State of Mary-
land, or any company, or corporation, whose principal 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, com-
pany, or corporation., furnishing said fertilizer when such, prop-
erty rights, or credits, can be found within, the State of Mary-
land; 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 guar-
anteed that the purchaser, shall be entitled to recover as liqui-
dated 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 pur-
chaser shall be entitled to recover as liquidated damages twice
the commercial value of said shortage without any compensa-
tion being allowed for any excess in other constituent or con-
stituents except however in no event shall the purchaser be en-
titled to recover an amount in excess of the purchase price of
said fertilizer.

SEC. 12. That the inspection and brand fees provided for in
this Act shall be paid to the Maryland State College of Agri-
culture, and disbursed by it, to cover the cost of the analysis, in-
spections, sampling, printing, and for the dissemination of
information regarding the contents and the analysis of fer-
tilizers subject to this Act, the use and compounding of com-
mercial fertilizers, and the administration and the enforcement
of the provisions of this Act.

SEC. 13. That the Board of Trustees of the Maryland State
College of Agriculture shall have authority to establish rules
and regulations in regard to the inspection, analysis, sale of fer-
tilizer and fertilizer materials, and the publication of all in-
formation authorized 'herein, to the end that the provisions of
this Act may be effectively administered and enforced.

SEC. 14. That the brand fee as provided in this Act shall not
apply to any fertilizer mixed according to a formula furnished