tilizer is sold, together with the statement of the percentage of valuable ingredients contained therein. The term "State chemist" shall mean the professor in charge of the chemical department of the Maryland Agricultural College, who shall be ex-officio State chemist. 1890, ch. 387. 1894, ch. 397. 2. Before any fertilizer is sold, offered or exposed for sale within the State, the following conditions must be complied with: (1) The importer, manufacturer, manipulator, dealer or agent, shall take out a license for the sale of fertilizer, which license shall be rated upon the number of brands contemplated to be sold, at the rate of fifteen dollars for each brand, said license to be prepared and furnished by the comptroller of the treasury, and to be issued at any time, to be good until the first day of February following; provided, that when any such importer, manufacturer or manipulator shall have taken out a license as herein provided, it shall not be necessary for any other person, as his agent or representative, to take out a license to sell the fertilizers provided for by the party who has taken out such license. (2) Every bag, barrel or package of fertilizer, and every parcel or lot, if sold in bulk, must bear in legible print, or be accompanied by a clear and true statement showing the net pounds of fertilizer in the package or lot, the name, brand or trade-mark under which the fertilizer is sold, the name and address of the importer, manufacturer or manipulator, the place of manufacture or manipulation, and a chemical analysis stating the per centum of the minimum, and only the minimum contained therein of nitrogen or its equivalent in available ammonia, of potash soluble in distilled water, and of available phosphoric acid. Ibid. 3. Any failure to comply with any or all of the conditions provided in section two shall be punishable by a fine of one hundred dollars ($100) for the first offense and of $200 for every subsequent offense. Ibid. 4. Any person, firm or company selling or offering for sale any fertilizer in this State, or intending so to do, and not licensed by the comptroller as provided by this article, shall, on or before the thirty-first day of July in each and every year, send his or their name or names with postoffice address and the names of the kinds, brands and trade marks, and of the manufacturer, importer or manipulator of each fertilizer sold or proposed to be sold, to the Maryland Agricultural College, and the same shall be registered in suitable books kept for that purpose; and any failure to comply with the provisions of this section, shall be punishable by a fine of twenty-five dollars ($25) for the first offense and of fifty dollars ($50) for every subsequent offense. 1890, ch. 387. 1894, ch. 397. 5. It shall be the duty of the Maryland Agricultural College to analyze without cost or charge all samples of fertilizers sent to it for the purpose of being analyzed by any person or persons purchasing or procuring the same in this State for his or their use or uses; provided, such persons are not interested in the analysis desired other than as consumers, of which affidavit shall shall be made and shall accompany each sample or brand; and further, such samples are taken and sent as described by this article, and free of cost of transportation to said college; and it shall be the duty of the Maryland Agricultural College to procure samples as far as practicble in every year of all the fertilizers sold and used in this State, for the purposes of analyzing the same; and any duly authorized agent or representative of the said college shall have the right to take samples as provided by this article from any lot or parcel of fertilizer in transitu or in possession or keeping of any manufacturer, manipulator, dealer or agent, and sold or offered for sale in this State; and it shall be the duty of the Maryland Agricultural College to send in the result of every sample of fertilizer to the person from whom such sample was taken or received, and also to publish from time to time the results of the analysis made by the said college of the samples sent to or procured by it for such purpose; and it shall be the duty of the Maryland Agricultural College, when reporting or publishing the result of any analysis made, to state the commercial value in dollars and cents of the fertilizer so analyzed, per ton of two thousand pounds, such value to be based upon the analysis made by the college, and upon a standard of valuation to 702 be ascertained, fixed and published by said college, annually, after conference with the proper officials of adjacent States. 1890, ch. 387. 1894, ch. 397. 6. All samples of fertilizers for analysis at the Maryland Agricultural College shall be taken from unbroken packages that 382, have not been injured in transit or by exposure, and when in the possession of purchasers, within thirty days after coming into their possession, and every such sample when taken by an agent or representative of the college, shall be taken in the presence of the owner, agent or dealer in possession thereof, or of his or their representatives, 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 vessels, 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. Ibid. 7. The funds received by the comptroller from the licenses issued under this article 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, 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) for each sample of fertilizer analyzed by the said college. 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 credits 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, manufacturing 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 between any seller and buyer of fertilizer in this State, for the purpose of exonerating the seller or manufacturer from liability for any violation of any of the provisions of this article, shall exempt any person from such liability. 1890, ch. 387. 1894, ch. 397. 11. It shall be the duty of all State's attorneys to prosecute all persons accused of violating any of the provisions of this article. ARTICLE LXII. MARRIAGES. 11. License required. Penalty for marrying without license. made and to be prima facie evidence of such ceremony. Penalty for failure to return 11 B. Penalty against minister for certificate. 11 A. Form of marriage certificate. failure to transmit certificate to clerk. Record of marriage to be 1894, ch. 94. 11. Such license, when produced, shall be full authority to any minister or other person authorized to marry, receiving the same, to proceed with the marriage of the parties named therein; provided, that should any minister or other person marry persons without such license, he shall on conviction thereof be fined not less than one hundred dollars nor more than five hundred dollars, in the discretion of the court; and provided further, that any minister or other person so performing such marriage ceremony, who shall fail to return within the period of thirty days from the date of such marriage, to the clerk of the court issuing said license, one of the certificates of marriage mentioned in section four of this article, shall on conviction thereof be fined not less than ten dollars. 1890, ch. 465. 11 A. In all cases when marriages shall be celebrated after publication of banns, it shall be the duty of the minister cele |