632 
THE  TROPICAL  AGRICULTURIST.  [March  r,  1897 
MAIIKET  MANURES  AND  THEIR 
ANALYSES. 
We  append  the  Drafi  of  a proposed  Ordinance 
drawn  up  tor  us  hy  a le,aal  frieiul  and  amended 
in  one  or  Iwo  i)oints  l>y  Mr.  M.  (Jodiran,  Public 
Analyst,  who  has  added  two  sub-dauscs.  In  re- 
turning the  Draft,  Mr.  Cochran  writes; 
i do  not  think  it  is  necessary  to  introduce  the 
distinction  in  the  Ordinance  between  soluble  and  in- 
soluble phosphxtes.  In  England,  it  is  very  excep- 
tional to  use  a phosphatic  manure  which  does  not 
contain  soluble  as  well  as  insoluble  phosphate.  Here,  on 
the  other  hand,  it  is  just  as  exceptional  to  use  a phos- 
phatic inatiure  which  does  contain  soluble  phosphate. 
We  would  now'  urge  the  Planters’  Association  to 
take  u]>  the  matter  and  call  on  their  represent- 
ative to  bring  the  draft  measure  under  the 
notice  of  Government  in  the  hope  that  leave 
may  be  given  to  intioduce  it  into  the  Legis- 
lative Council.  It  would  not  be  the  lirst  time 
that  an  unotticial  member  liad  (with  the  leave 
of  the  President)  introduced  and  carried  through 
a useful  piece  of  legislation. 
Our  legal  friend’s  draft  as  amended  is  as 
follows  : — 
AN  ORDINANCE  EOR  REOULATINO  THE 
SALE  OP  MANURES  OR  FERTILIZEHS 
OP  THE  SOIL. 
Whereas  it  is  expedient  to  provide  against  the 
adulteration  of  manures  or  fertilizers  of  the  soil  • — 
It  is  hereby  enacted  by  the  Governor  of  Ceylon,  by 
and  with  the  advice  and  consent  of  the  Legislative 
Council  thereof  as  follows  : — 
WAiiR.\NTy  ox  S.VLE  OF  FERTILIZER;  I.— (1)  Every 
person  who  sells  for  use  as  a fertilizer  of  the  soil  any 
article  manufactured  in  Ceylon  or  imported  from 
abroad  shall  give  to  the  purchaser  an  invoice  stating 
the  name  of  the  article,  and  whether  it  is  an  arti- 
ficially compounded  article  or  not,  and  what  is  at 
least  the  percentage  of  the  nitrogen,  phosphates,  and 
potash,  if  any,  contained  in  the  article,  and  this  invoice 
shall  have  effect  as  a warranty  by  the  seller  of  the 
statements  contained  therein. 
p2)  For  the  purposes  of  this  section  an  article 
shall  be  deemed  to  be  manufactured,  if  it  has 
been  subjected  to  any  artificial  process,  or  if  the 
seller  has  declared  it  to  have  been  manufactured. 
(3)  This  section  shall  not  apply  to  a sale  where 
the  whole  amount  sold  at  the  same  time  weighs 
less  than  half  a hundred-weight. 
Pex.vlties  for  13 reach  of  Duty  by  Seller.  II.  (1) 
If  any  person  who  sells  any  article  for  use  as  a 
fertilizer  of  the  soil  commits  any  of  the  following 
offences,  namely  : — 
la)  Fails  without  reasonable  excuse  to  give,  on  or 
before  or  as  soon  as  possible  after  the  delivery  of 
the  article,  the  invoice  required  by  this  Old  n uice  or 
(d)  Causes  or  permits  any  invoice  or  description 
of  the  article  sold  by  him  to  be  false  in  any 
material  particular  to  the  prejudice  of  the  purchaser, 
he  shall,  without  prejudice  to  any  civil  liability, 
be  liable  on  summary  conviction,  for  a first  offence 
to  a fine  not  exceeding  one  hundred  rupees,  and  for 
any  subsequent  offence  to  a fine  not  exceeding  fivo 
hundred  rupees.  j n. 
(2)  In  any  proceeding  for  an  offence  under  the 
section  it  shall  be  no  defence  to  allege  that  the 
buyer,  having  bought  only  for  analysis,  was  not  pre- 
judiced by  the  sale.  , . , j 
(3)  A person  alleged  to  have  committed  an 
offence  under  this  section  in  respect  of  an  article 
sold  t)y  him,  shall  be  entitled  to  the  same  rights  and 
remedies,  civil  or  criminal,  against  the  persons  from 
whom  he  bought  the  article,  as  are  available  to  the 
person  who  bought  the  article  from  him,  and  any 
damages  recovered  by  him  may,  if  the  circumstances 
justify  it,  include  the  amount  of  any  fine  and  costs 
paid  by  him  on  conviction  uuder  this  section,  and  the 
costs  of  and  incidental  to  his  defence  ou  such 
conviction. 
Appointment  of  Analyst.  III.— The  Governor  shall 
appoint  one  or  more  Governmeiii  Agricultural 
Analysts  for  the  land,  who  shall,  while  holding  the 
Office  of  Government  Agricultural  Analyst,  not  engage 
ill  any  trade,  maiuifacture  or  business  connected 
with  the  sale  or  importation  of  articles  used  for  fertilis- 
ing the  soil.  Should  more  than  one  Agricultural  Analyst 
be  appointed,  one  of  them  shall  be  appointed  Chief 
Agricultural  Analysfi 
Power  of  Purchaser  to  have  Fertilizer 
Analysed.  IV. — (1)  Every  buyer  of  any  article  used 
for  fertilising  the  soil  shall,  on  payment  to  a Govern- 
ment Agricultural  Analyst  of  the  fee  sanctioned 
by  the  Governor,  be  entitled,  within  ten  days 
after  delivery  of  the  article  to  the  buyer,  or 
receipt  of  the  invoice  by  the  buyer,  whichever  is  later, 
to  have  the  article  analysed  by  the  Analyst,  and  to 
receive  from  him  a certificate  of  tlie  result  of  his 
analysis. 
2.  Where  a buyer  of  an  article  desires  to  liave 
the  article  analysed  in  pursuance  of  ihis  section, 
he  shall,  in  accordance  with  regulations  hereto 
appended,  take  three  samples  of  th<.  article,  and 
shall,  ill  accordance  w'ith  the  said  rcgiilatio..s,  can.se 
each  sample  to  bo  marked,  sealed,  and  fastened  up 
and  shall  deliver  or  send  by  post  one  sample  with 
the  invoice  or  a copy  thereof  to  a Government 
Agiiciiltiual  Analyst,  and  shall  give  another  sample 
to  the  seller,  and  shall  retain  the  third  sample  for 
future  comparison  ; Provided  that  a Government 
Agricultural  Anal3'st,  or  some  person  authorised  by 
him  in  that  behalf  with  the  approval  of  the  Gover- 
nor shall,  on  request  either  by  the  buyer  or  by 
the  seller,  and  on  payment  of  a fee  sanctioned 
by  the  Governor  take  the  samples  on  behalf  of 
the  buyer. 
3.  The  certificate  of  the  Government  Agricultu- 
ral analyst  shall  be  in  such  form  and  contain  such 
particulars  as  are  directed,  in  the  schedule  hereto 
annexed,  and  every  Government  Agricultural  Analyst 
shall  carefully  enter  in  a Register  to  be  kept  for  that 
purpose,  the  result  of  any  analysis  made  by  him  in 
pursuance  of  this  Ordinance. 
(4)  At  the  hearing  of  any  Civil  or  Criminal  pro- 
ceeding with  respect  to  any  article  analysed  in  pur- 
suance of  this  section,  the  production  of  a certificate 
of  a Government  Agricultural  Analyst  shall  be  suffi- 
cient evidence  of  the  facts  therein  stated,  unless  the 
defendant  or  person  charged  requires  that  the  Analyst 
be  called  as  a witness. 
(5)  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  reco- 
verable as  a simple  coutract  debt. 
(6)  In  the  event  of  the  results  obtained  by  two  or 
more  Analysts,  who  have  analysed  samples  from  the 
same  lot  of  manure,  disagreeing  to  a material  extent, 
the  matter  may  be  referred  to  tlie  Chief  Analyst, 
who  shall  take  steps,  either  by  analysing  the  sample 
kept  in  each  case  for  comparison,  or  by  drawing 
and  analysing  a fresh  sample,  or  by  both  of  these 
methods,  as  may  seem  best  to  him,  to  determine 
the  true  average  composition  of  the  manure  ; and 
the  results  obtained  by  him  shall  be  regarded  as  re- 
presenting the  true  average  composition  of  the 
manure. 
Penalty  for  Tampering. — V. — If  any  person  know- 
ingly and  fraudulently — (a)  tampers  witli  any  parcel 
or  fertilizer  so  as  to  procure  that  any  sample  of  it 
taken  in  pursuance  of  this  Ordinance  does  not 
correctly  represent  the  contents  of  the  parcel ; or 
(It)  tampers  with  any  sample  taken  under  this  Ordi- 
nance, ho  shall  he  liable  on  conviction  to  a fine  not 
exceeding  five  hundred  rupees,  or  to  imprisonment 
for  a term  not  exceeding  six  months. 
Application. — \'l.  This  Ordinance  shall  apply  to 
wholesale  as  well  as  retail  sale. 
Commenue.ment  of  Ordinance. — VII. — This  Ordi- 
nance shall  come  into  operation  on  the  1st  day  of 
January  1898. 
Short  Title. — VIII. — This  Ordinance  may  bo  cited 
as  the  Fertilizers  Ordinauce,  No. of  189 — . 
