Fertilisers and Feeding Stuffs Act, 1906 



two parts to the agricultural analyst and one part to the 

 seller. 



(4) An agricultural analyst to whom a sample is 

 submitted for analysis under this section — 



(a) if the sample has not been divided into parts 

 and the parts marked, sealed, and fastened up 

 as herein-before mentioned, shall send a copy 

 of the certificate of his analysis to the person 

 who submitted the sample for analysis ; and 



{b) if the sample has been so divided into parts, shall 

 analyse one of the parts of the sample de- 

 livered or sent to him and retain the other, and 

 shall send a certificate of his analysis in the 

 prescribed form and containing the prescribed 

 particulars to the person who submitted the 

 sample for analysis, and where that person 

 is not the purchaser of the article also to the 

 purchaser, and in every case to the seller and to 

 such other persons (if any) as maybe prescribed, 

 and shall report to the Board of Agriculture 

 and Fisheries in the prescribed manner the 

 result of any such analysis : Provided that if 

 the agricultural analyst does not know the 

 name and address of the seller he shall send 

 the certificate intended for the seller to the 

 purchaser, to be by him forwarded to the 

 seller. 



(5) At the hearing of any civil or criminal proceeding 

 with respect to any article a sample whereof has been 

 analysed in pursuance of this section, the production of 

 a certificate of the agricultural analyst, or, if a sample 

 has been submitted to the chief analyst, then of the chief 

 analyst, shall be sufiicient evidence of the facts therein 

 stated unless the defendant or person charged requires 

 that the analyst or the person who made the analysis be 

 called as a witness : Provided that this subsection shall 

 not apply — 



{a) where the sample has been taken otherwise than 

 in the prescribed manner ; or 



158 



