The Fertilisers and Feeding Stuffs Act , 1893 . 
797 
(2.) In any proceeding for an offence under this section it shall be no 
defence to allege that the buyer, having bought only for analysis, was not 
prejudiced by the sale. 
(3.) A person alleged to have committed an offence under this section 
in respect of an article sold by him shall he entitled to the same rights and 
remedies, civil or criminal, against the person 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 hv him on conviction under this section, 
and the costs of and incidental to his defence on such conviction. 
Power to appoint analysts. 
4. — (1.) The Board of Agriculture shall appoint a chief agricultural 
analyst (hereafter referred to as the chief analyst), who shall have such 
remuneration out of moneys provided by Parliament as the Treasury may 
assign. The chief analyst shall not while holding his office engage in private 
practice. 
(2.) Every county council shall, and the council of any county borough 
may, appoint or concur with another council or other councils in appointing 
for the purposes of this Act a district agricultural analyst (hereafter referred 
to as a district analyst) for its county or borough, or a district comprising 
the counties or boroughs of the councils so concurring. The remuneration of 
any such district analyst shall be provided by the council, or in the case 
of a joint appointment by the respective councils in such proportions as they 
may agree, and shall he paid, in the case of a county, as general expenses, 
and, in the case of a county borough, out of the borough fuud or borough 
rate. The appointment shall be subject to the approval of the Board of 
Agriculture. Provided that no person shall while holding the office of 
district analyst engage in any trade, manufacture, or business connected 
with the sale or importation of articles used for fertilising the soil or as food 
for cattle. 
Power for purchaser to have fertiliser or feeding stuff analysed. 
5 . — (1.) Every buyer of any article used for fertilising the soil or as 
food for cattle shall, on payment to a district analyst of a fee sanctioned by 
the body who appointed the analyst, be entitled, within ten days after 
delivery of the article to the buyer or receipt of the iuvoice by the buyer, 
whichever is later, to have the article analysed by the analyst, and to receive 
from him a certificate of the result of his analysis. 
(2.) Where a buyer of an article desires to have the article analysed in 
pursuance of this section, he shall, in accordance with regulations made by 
the Board of Agriculture, take three samples of the article, and shall in 
accordance with the said regulations cause each sample to be marked, 
sealed, and fastened up, and shall deliver or send by post one sample with 
the iuvoice or a copy thereof to the district analyst, and shall give another 
sample to the seller, and shall retain the third sample for future comparison : 
Provided that a district analyst, or some person authorised by him in that 
behalf with the approval of the body who appointed the analyst, shall, on 
request either by the buyer or by the seller, and on payment of a tee sanctioned 
by the said body, take the samples on behalf of the buyer. 
(3.) The certificate of the district analyst shall be in such form and 
contain such particulars as the Board of Agriculture direct, aud every district 
analyst shall report to the Board as they direct the result of any analysis 
made by him in pursuance of this Act. 
(4.) If the seller or the buyer objects to the certificate of the district 
