Commissioner of Agriculture. 511 



ment of agriculture, audited by tlie comptroller. The same dis- 

 posal shall be made of all moneys recovered upon any bond given 

 by any oflQcer by virtue of the provisions of this chapter. 



§ 10. When injunctions may be obtained. In an action in the 

 supreme court for the recovery of a penalty or forfeiture incurred 

 for the violation of any of the provisions of this chapter an applica- 

 tion may be made on the part of the people to the court or any jus- 

 tice thereof for an injunction to restrain the defendant, his agents 

 and employes from the further violation of such provisions. The 

 court or justice to whom such application may be made, shall grant 

 such injunction on proof, by affidavit, that the defendant has been 

 guilty of the violations alleged in the complaint, or of a violation 

 of any such provision subsequent to the commencement of the 

 action, and in the same manner as injunctions are usually granted 

 under the rules and practice of the court. No security on the part 

 of the plaintiff shall be required, and costs of the application may 

 be granted or refused in the discretion of the court oir justice. If 

 the plaintiff shall recover judgment in the action for any penalty or 

 forfeiture demanded in the complaint, the judgment shall contain 

 a permanent injunction, restraining the defendant, his agents and 

 employes, from any further violation of such provision of this chap- 

 ter. Any injunction, order or judgment obtained under this 

 section may be served on the defendant by posting the same upon 

 the outer door of the defendant's usual place of business, or where 

 such violation was or may be committed, or in the manner required 

 by the code of civil procedure, and the rules and practice of the 

 court. Personal service of the injunction shall not be necessary 

 when such se^rvice can not be secured with reasonable diligence, 

 but the service herein provided shall be deemed sufficient in any 

 proceeding for the violation of such injunction. 



§ 11. When prosecution shall not be compelled to elect. 

 In an action for a penalty or forfeiture incurred by reason of the 

 violation of the provisions of this chapter, when the complaint 

 charges a violation of any two or all of such provisions, the plain- 

 tiff shall not be compelled to elect between the counts under such 

 different provisions but shall be entitled to recover if it is found 

 that a violation of any one of such provisions has been committed 

 for which a penalty or forfeiture is imposed. 



