Thirty -fourth Annual Convention. 319 



said sample with the same number, and also write thereon the 

 name of the said dealer in whose place of business the sample is 

 found, and the person from whom said sample is taken shall also 

 write his own name thereon, and at the same time the person tak- 

 ing said sample shall give notice to such person from whom said 

 sample is taken that said sample was obtained for the purpose of 

 examination by the State Food Commissioner. One part of said 

 sample shall be taken by the person so procuring the same to the 

 State Analyst or other competent person appointed for the pur- 

 pose of making examinations or analyses of samples so taken, 

 and the person taking such sample shall tender to the person from 

 whom it is taken the value of that part thereof so retained by the 

 person taking said sample ; the other part of said sample shall be 

 delivered to the person from whom said sample is taken. If the 

 person from whom said sample is taken has recourse upon the 

 manufacturer or guarantor, either by operation of law or under 

 contract for any failure of the part of said sample to comply with 

 the provisions of this Act, then said person from whom said 

 sample is taken shall retain for the period of ninety days that 

 part of said sample so delivered to him in order that said manu- 

 facturer or guarantor may have the same examined or analyzed 

 if he so desires. 



Provided, that the person procuring said sample may securely 

 pack and box that part thereof retained by him and send the same 

 to the State Analyst, or other competent person appointed here- 

 under for the purpose of making examinations or analyses of 

 samples, and his testimony that he did procure the sample and 

 that he sealed and numbered the same as herein provided, and 

 that he wrote his name thereon and that he packed and boxed 

 said part thereof and sent the same to the State Analyst, or other 

 competent person appointed hereunder to analyze such sample, 

 and the testimony of the person to whom said package or box 

 is addressed that he received the same in apparent good order, 

 that said sample was sealed, and that the number thereof and 

 name of the sender, as herein provided for, was on said sample, 

 and that the seal at the time the same was received was unbroken, 

 shall be prima facie evidence that the sample so received is the 

 sample that was sent, and that the contents thereof are the same 

 and in the same condition as at the time the person so procur- 

 ing said sample parted with the possession thereof, and the 



