CHAP. 104.—An ACT toamend and re-enact section 3319 of chap-
ter 163 code of Virginia, in relation to the appvintment of cum.
mission: r- in chancery as amended and re-enacted by ap act
approved February 4, 1890.

Approved February 24, 1890.

1. Be it enacted by the general assembly of Virginia,
That section three thousand three hundred and nineteen
of chapter one hundred and sixty-three of the code ot
eighteen hundred and eighty-seven as amended by an act
approved February fourth, eighteen hundred and ninety
be amended and re-enacted so as to read as follows:

§3319. Each circuit court and each corporation court
having chancery jurisdiction, or the judges thereof ir
vacation, shall] from time to time appoint commissioners in
chancery who shall be removable at pleasure. There
shall be not more than four such commissioners in office
at the same time for the same court, except that the chan-
cery court of the city of Richmond may have,ten, and the
corporation court of the city of Portsmouth six, and the
corporation courts and the circuit courts of the counties
of Augusta, Pittsylvania, Loudoun, Rockingham, Louisa
Chesterfield and Norfolk may each have five in office a
the same time.

2. This act shall be in force from its passage.
CHapP. 105 —An ACT to protect and advance agriculture by regu.

lating the sale and purity of commercial fertilizers and thr

arantee and conditions upon which they are to be sold, anc
xing the penalties incurred for violations of the same.

Approved February 24, 1890.

1. Be it enacted by the general assembly of Virginia
That the commissioner of agriculture shall have specia!
charge of the inspection and analysis of fertilizers, or
chemicals, or ingredients for manufacturing the same,
sold or offered for sale in this state.

2. It shall be the duty of any manufacturer or dealer
in commercial fertilizers annually, before the same are
offered for sale in this state, to pay to the commissioner
of agriculture a registration fee of one hundred dollars,
and to submit to the commissioner of agriculture a writ-
ten or printed statement setting forth: first, the name and
brands under which his said fertilizers are to be sold, the
number of pounds contained, or to be contained, in the
package in which they are to be put upon the market for
sale, and the name or names of the manufacturers and
the place of manufacture; second, a statement setting
forth the per centum of the named ingredients which they
are willing to guarantee said fertilizers to contain: first,
ammonia; second, available phosphoric acid; third, in-
soluble phosphoric acid; fourth, potash soluble in water.
Such statements so to be furnished shall be considered as
constituting a guarantee to the purchaser that every pack-
age of such fertilizer contains not less than the per cen-
tum of each ingredient set forth in the statement; this
shall, however, not preclude the party making the state-
ment from setting forth any other ingredient which his
fertilizer may contain, which additional ingredient shall
be considered as embraced in the guarantee above stated.

3. Every person proposing to deal in commercial fertili-
zers shall, after filing the statement above provided for
with the commissioner of agriculture, receive from the
said commissioner of agriculture a certificate stating that
he has complied with the foregoing section, which certifi-
cate shall be furnished by the commissioner without any
charge therefor; the said certificate, when furnished, shal]
authorize the party receiving the same to manufacture for
sale in this state, or to sell in this state, directly or
through dealers or agents, the brands named in said
certificate. No person who has failed to pay the fee
aforesaid, to file the statement aforesaid, and to receive
the certificate of authority aforesaid, shall be author-
ized to manufacture or offer for sale in this state com-
mercial fertilizers; and any person so manufacturing
for sale in this state, or so dealing or selling, with-
ut having paid the aforesaid fee, filed the aforesaid
tatement, and received the certificate aforesaid (except
jealers and agents selling or offering for sale fertilizers
on which the fee has been paid by and certificate issued
to the manufacturers, as provided in sections two and
three of this act), shall be liable, for each violation, toa
fine not exceeding one thousand dollars, which fine shall
be recoverable before any court of competent jurisdiction,
at the suit of the commissioner of agriculture or of any
citizen, and shall be disposed of as hereafter provided.

4. All fertilizers, or chemicals, or ingredients for manu-
facturing or composting the same, offered for sale or dis-
tribution in this state, shall have printed upon or attached
to each bag, barrel, or package, in such manner as the com-
missioner of agriculture may by regulation establish, the
guaranteed analysis of such fertilizer, or chemical, or in-
gredient, as claimed by the manufacturer, showing the
per centum of valuable ingredients such fertilizer or
chemicals contains, which shall be the same as that con-
tained in the statement required to be submitted to the
commissioner of agriculture, except when the fertilizer, or
chemical, or ingredient is shipped in bulk.

5. The commissioner of agriculture skal] obtain fair
samples of all brands of fertilizers sold or offered for sale
in this state by manufacturers or dealers, and shall have
them analyzed by the official chemist, and shall publish
the analysis for the information of the public. :

6. Every person who sells a lot or package of commer-
cial fertilizer, or chemical, or ingredient for manufacturing
the same, upon the request of the purchaser, shall draw
from the same, and in the presence of the purchaser or
agent, a fair and correct sample, and in the presence of
both seller and buyer the sample thus drawn shall then
be put in a glass or tin vessel and securely sealed, and
there shall then be placed on said vessel a label, and on
said label shall be inscribed a certificate signed by both
parties, setting forth that the enclosed sample is a fair
and correct sample, the name of the manufacturer, name
of fertilizer from which sample was drawn and time and
place when it was drawn, and the vessel shall then be
packed and forwarded to the commissioner of agriculture,
and the commissioner of agriculture, on the analysis of
said sample, shall forward one copy to the seller and one
copy to the purchaser of said fertilizer. If the analysis
of any fertilizer obtained through an inspection, or in the
manner above prescribed, shall fall ten per centum in

value below the value of the manufacturer’s guaranteed
analysis, the commissioner of agriculture shall forbid its
further sale in this state, and the purchaser shall be enti-
tled to recover of the manufacturer the purchase money
thereof: provided, the purchase price has been paid by
him, and the seller shall be debarred from any recovery of
the purchase price of said fertilizer, if the same is then
unpaid; but an appeal shall lie from the decision of the
commissioner of agriculture to the board of agriculture,
who shall give due notice to the manufacturer, and a
hearing with full opportunity to produce evidence before
them. The decision of the board of agriculture shall be
final. "

7. The copy of the official chemist’s analysis of any
fertilizer or chemical certified to by him shall be admis-
sible as evidence in any court of this state on the trial of
anything involving the merits of said fertilizer.

8. The board of agriculture shall adopt al] needful rules
and regulations providing for the collection of the money
arising from the fees aforesaid or from fines imposed under
this act, and shall] require the same to be deposited with
the treasurer of the state, and only to be drawn therefrom
upon the warrants issued by the auditor of the state
upon the requisition of the commissioner of agriculture
made in pursuance of such rules and regulations; and the
said commissioner of agriculture shall be entitled to receive
no fees for collecting or disbursing said money except his
salary as provided for by law; but he shall be allowed a
clerk at the salary to be fixed by the said board, and to be
payable out of the fertilizer funds; and all sums of money
arising from the provisions of this act shall be known as
the fertilizer fund, and shall be kept by the treasurer sep-
arate from other public funds, and shall be used for the
purpose of carrying out the provisions of this act, and
any remainder shall be paid into the general agricultural
fund; but all moneys derived from said fees, fines or other
source shall be a part and portion of the ten thousand dol-
lars per annum, appropriated to the board of agri-
culture of Virginia, by act approved March fifth, eigh-
teen hundred and eighty-eight, chapter four hundred and
thirty-three, acts of the general assembly of Virginia,
eighteen hundred and eighty-seven and eighty-eight, and
the board of agriculture may employ out of said fertilizer
fund such assistants to said chemist as may be found
necessary.

9. The commissioner of agriculture shall keep a correct
and faithful account of all fees received and certificates
issued by him showing from whom the fees were received,
and, as far as practicable, for what fertilizers the certifi-
cates were intended to be used, and the amount of money
arising from fines under this act.

10. The term “commercial fertilizer” or “ fertilizers”
where the same are used in this act, shall not be held to
include lime, land-plaster, ashes, or common salt, or any
chemicals or ingredients used in manufacturing fertilizers
intended for sale.
11. No fees shall be charged for analysis of fertilizers
made under this act.

12. All acts or parts of acts inconsistent with this act
are hereby repealed.

13. This act shall be in force from its passage.