FERTILIZER LAWS. 



PROVISION'S REGULATING THE SALE OF FERTILIZERS. 



378 (139). Sale or exchange of commercial fertilizers; license re-- 

 quired. — Commercial fertilizers mast not be sold or exchanged with- 

 out a license from the commissioner authorizing the person making 

 the sale or exchange to deal therein. All sales or exchanges made 

 •without such license are void. 



See citations to section 386 (141). 



379 (140). License; fee; duration. — On the payment of a fee of 

 one dollar, the commissioner must issue license to any person or 

 firm, or corporation, or association of persons, authorizing the sale 

 or exchange of fertilizers during a season, expiring on the thirtieth 

 day of September of each year. 



380. iJvtJ^nce. - The printed report of a commissioner or a certi- 

 fied copy of the record in his office showing the issuance of a license 

 to sell or exchange commercial fertilizers, and to whom and when 

 issued, is presumptive evidence of the ftct that such license was 

 issued to such person at such date. But this provision does not pre- 

 clude the introdu«ition of the license in evidence. 



336 (141). Dealer must attach tags, else sales or exchange void. — Be- 

 fore selling or exchanging, or offering to sell or exchange fertilizers, 

 the licensees must attach one of such tags to each bag, barrel or pack- 

 age containing two hundred pounds or any less number of pounds;- 

 two tags to each bag, barrel or package containing more than two 

 hundred pounds and not more than four hui-dred pounds, and one 

 additional tag for each additional two hundred pounds or fractional 

 part thereof, contained in such bag, barrel or package ; and a sale or 

 exchange of fertilizers not so taprged is void. 



A sale of commercial fertilizers, made in violation of statutory require- 

 ments, is void, and no recovery can be had for the pr{c<!.— Campbell v. 

 Sfgers, 81 Ala. 59; Steiner v. Ray, 84 Ala. 93 ; Clark's Cove Guano 

 Co., v. Dowling, 85 Ala. 142; Merriam v. Knox, 99 Ala. 93 ; Brown v. 

 Adair, 104 Ala. 652; Kirby v. Huntsville Fertilizer & Milling Co. ^ 

 105 Ala. 529. 



JVhen contract of sale made in this State. — Johnson v. Hanover Nat. 

 Bank, 88 Ala. 271 ; Hanover Nat. Bank v. Johnson, 90 Ala. 549; Brown. 

 V. Adair, 104 Ala. 652. 



(221) 



