732 



6. If the buyer, on receiving delivery of any fertilizer or feeding stuff and before 

 otherwise breaking the bulk thereof, shall, in the presence of the analyst, a Justice of 

 the Peace or a police constable, and in accordance with the regulations, take three 

 samples of the article and cause them to be marked, sealed, and fastened up, and shall 

 deliver or send by post prepaid one sample with the invoice or a copy thereof to the 

 analyst and shall deliver or send by post as aforesaid another sample to the seller, and 

 retain the third sample for future comparison, then the following paragraphs (a) and 

 (ft) shall have effect : 



(nf.) At the hearing" of any civil or criminal proceeding with respect to any 

 article analysed in pursuance of this section, the production of a 

 certificate of the analyst shall be sufficient evidence of the facts therein 

 stated, unless the person against whom the certificate is proposed to 

 be put in evidence requires that the analyst be called as a witness. 

 (ft.) The costs of and incidental to the obtaining of any analysis in pursuance 

 of this section shall be borne by the seller or the buyer, in accordance 

 with the results of the analysis, and shall be recoverable as a simple 

 contract debt. 



In this section the word " delivery " shall not include delivery to an agent for the 



purpose of carriage. 



7. On the request of the buyer or the seller of any fertiliser or feeding stuff and 

 on payment of the fee prescribed by regulations, the analyst or some person appointed 

 by him in that behalf shall, before or at the delivery of the article, take the samples 

 on behalf of the buyer, and thereupon paragraphs (rt) and (ft) of the last preceding 

 section shall apply. The word " delivery " shall have the same meaning in this section 

 as in the sixth section of this Act. 



8. If any person knowingly and fraudulently 



(a.) Tampers with any paicel of fertiliser or feeding stuff so as to procure 

 that any sample of it taken in pursuance of this Act does not correctly 

 represent the contents of the parcel ; or 

 (ft.) Tampers with any sample taken under this Act ; 



he shall be liable on summary conviction to a fine not exceeding ^20, or to imprison- 

 ment for a term not exceeding six months. 



9. A prosecution for an offence under this Act may be instituted either by the 

 person aggrieved, or by any person authorised in that behalf by the Minister. 



All offences against this Act shall be summarily punishable upon conviction before 

 any two or more Justices of the Peace in Petty Sessions. 



10. Section A of the schedule to " The Shortening Ordinance, 1853," shall be 

 incorporated with, and taken- to form part of this ACL to all intents and purposes, and 

 in as full and ample a manner as if the said section had been introduced and fully set 

 forth in this Act. 



11. (1.) This Act shall apply to wholesale as well as retail sales. 



(2.) For the purposes of this Act the words "soluble" and "insoluble" 

 shall respectively mean soluble and insoluble in water ; and the word " cattle " shall 

 mean horses, camels, asses, mules, bulls, cows, oxen, heifers, calves, sheep, goats, 

 swine, poultry, and dogs. 



12. This Act may l>e dteil as "The Fertilisers and Feeding Stuffs Act, 1895," 

 and shall come into operation on the first day of January, 1896. 



In the name and on behalf of the Oueen I hereby assent to this Act. 

 ALEX. C. ON SLOW. Administrator. 



SCHEDULE. 



of Ccttitkatc by A 



I, the undeisi^ne.l. A.M., analyst, do heieby crilify that on the 

 .lay ot , 18 ,1 received a sample, labelled hen' 



