Sales of acid phosphate; when not re⚫stricted. Samples; how procured. of this act, as in his judgment will best carry out the requirements thereof. SEC. 12.-Nothing in this act shall be construed to restrict or avoid sales of acid phosphate or any other fertilizer material to each other by importers, manufacturers, or manipulators who mix fertilizers or fertilizer material for sale, or as preventing the free and unrestricted shipments of materials to manufacturers or manipulators who have regis tered their brands as required by the provisions of this act. SEC. 13. That the Commissioner of Agriculture and Industries shall be required to secure samples of each and every brand of fertilizers or fertilizer material offered for sale or exchange in the State of Alabama, said samples to be procured in the fol lowing matter: samples shall be drawn with such an instrument as shall secure the core from the entire length of the package; from lots of ten packages or less, a sample shall be drawn from each package; from lots of ten to one hundred packages, from not less than ten packages; and from lots of one hundred packages or over, from not less than ten per cent of the entire number; and after thor oughly mixing the samples so drawn, he shall, by the method known as "quartering" draw from such thoroughly mixed sample two sub samples, and with them fill two sample bottles, of not less than eight ounce capacity each, and shall plainly mark on each of said bottles the number of said sample, (the said number to correspond with the record kept by the Commissioner in his office). giving the name of the fertilizer or fertilizer material, the name of the manufacturer, the guaranteed analysis, place where the sample was secured, the name of the party from whom sample was taken, and the date of samp ling. That one of said samples shall be retained by said Commissioner of Agriculture and Industries in his office, the other of said samples, marked only by said number, shall be sent to the State chemist, who shall make a complete analysis of the same, setting forth the percentage of water soluble phosphoric acid, citrate soluble phosphoric acid, available phosphoric acid, acid soluble (or insoluble) phosphoric acid, nitrogen and potash, or such of these constituents as may be present, and certify under the same number as marked, said analysis to said commissioner, which analysis shall be recorded as official and entered opposite the brand of fertilizer or fertilizer material which the number represents; such official analysis of such fertilizer or fertilizer material under the seal of the Commissioner of Agriculture and Industries shall be admissible as evidence in any of the courts of this State on trial of any issue involving the merits of such fertilizer or fertilizer material. character of SEC. 14. That it shall be lawful for any purchaser of fertilizer of fertilizer material to require of the person selling and at the time of the sale or delivery, in the presence of the buyer and seller, to Requirements take from each lot of said brands sold a tea cupful in testing the from the top and bottom of each package as a sam- fertilizer. ple of its contents; said sample so taken shall be thoroughly mixed upon some surface so as not to mix dirt or other foreign substance with the fertilizer; then, from the different parts of such thoroughly mixed pile, a bottle, jar, or some air tight receptacle, shall be filled. It shall then be the duty of such purchaser and seller to have said sample sealed by a Justice of the Peace, Notary Public or ex-officio Justice of the Peace, in the presence of the buyer and seller; said sample shall then be forwarded by said officer to the Commissioner of Agriculture and Industries, who shall cause same to be analyzed by the State chemist. The result of such analysis shall then be forwarded to the Commissioner of Agriculture and Industries, who shall record the same in his office. A copy of such analysis, under the seal of the Department of Agriculture and Industries, shall be forwaded to both the buyer and seller. Such official analysis shall be admissible as evidence in any of the courts of this State on the trial of any issue involving the merits of such fertilizer or fertilizer material. What consti SEC. 15. That the term, "fertilizer material" tutes "fertilizer used in this bill does not include common lime, land plaster, cottonseed meal, ashes, or common salt not in combination. material." Penalty. Effective Oct. 1, 1903. SEC. 16.-Any person selling or offering for sale any fertilizer or fertilizer materials without having first complied with any of the provisions of this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred and fifty, nor more than one thousand dollars. SEC. 17. That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby repealed; Provided, that the provisions of this act shall not take effect until the first day of October, 1903. Approved March 3, 1903. No. 73.) AN ACT (H. 362. Power to employ convicts in mining coal. To authorize the State of Alabama to employ its convicts in mining coal. SECTION 1.-Be it enacted by the Legislature of Alabama, That the Board of Convict Inspectors, with the approval of the Governor, shall have power and authority to employ any male convicts, suited physically to such work, in the mining of coal, upon lands acquired by the State by lease or otherwise, for and on account of the State, and the same authority to hire convicts to coal operators, upon such terms as may be agreed upon. Approved February 26, 1903. No. 74.) AN ACT (H. 363. To ratify and confirm the contracts made by the Board of Convict Inspectors, with the ap proval of the Governor, to mine coal for the Tennessee Coal, Iron and Railroad Com pany, and the Sloss-Sheffield Steel and Iron firmed. SECTION 1.-Be it enacted by the Legislature of Mining conAlabama, That the contracts heretofore made by tracts conthe Board of Convict Inspectors with the approval of the Governor, to mine coal for the Tennessee Coal, Iron and Railroad Company, and the SlossSheffield Steel and Iron Company, be and the same are hereby in all things ratified and confirmed. Approved February 26, 1903. No. 77.) To provide for the apportionment and collection of assessed and unpaid taxes in any new county formed under the constitution and laws of this State. Be it enacted by the Legislature of Alabama: SECTION 1. That whenever any new county is formed, under the constitution of this State, that all taxes that are assessed and unpaid on the property taken from old counties and embraced or situated in the new county, shall become the property of such said new county; and it shall be the duty of the tax collector of said new county to collect the taxes and account for same as now provided for by law. SEC. 2. That if at the time of the formation of any new county, any taxes have been assessed against property situated partly in said new county and partly in old county, or counties from which said new county is made, it shall be the duty of the tax assessor of said old county or counties to ascertain the pro rata share of the taxes due on that portion of the property situated in the new county, and furnish the tax collector of the new county with a statement of the amount due on said property; and the owner of As to tax assessments; new counties. Pro rata share. Counties to which applied. said property shall then pay said amount to the tax collector of said new county. SEC. 3.-That this act shall become effective immediately upon its passage, and shall apply to all new counties which have been formed in this State in the past five years. Approved February 26, 1903. Fourteenth Judicial Walker and Appointment of Judge. Solicitor. Court; when held. Winston. Walker. No. 80.) AN ACT (H. 86. To create the Fourteenth Judicial Circuit of the State of Alabama, to fix the times of holding court therein, to confer upon said Circuit Court the jurisdiction of the Chancery Court and to provide for the appointment of a judge of said court and Solicitor of said Circuit and a Register for the Equity side of said court. SECTION 1.—Be it enacted by the Legislature of Alabama, That there is hereby created and estab lished the Fourteenth Judicial Circuit of the State of Alabama to be composed of the counties of Walker and Winston. SEC. 2. That as soon as practicable after the passage of this Act the Governor shall appoint a judge in and for said Circuit as provided by Section 159 of the Constitution, and the said judge shall receive the same salary, to be paid at the same time, and in the same manner as the other Circuit Judges. SEC. 3. That as soon as practicable after the approval of this Act the Governor shall appoint a Solicitor in and for said Circuit, who shall be paid the same salary, and at the same time and in the same manner as other Circuit Solicitors. SEC. 4. That the courts in the several counties composing the Circuit shall be held at the following times and places: In the county of Winston, the third Monday in February and August, and may continue two weeks. In the county of Walker the court shall be held as follows: First term shall |