10 c The Agricultural Law 



provisions of this chapter, or that any sum has been forfeited 

 by reason of any such violation, he may cause an action or pro- 

 ceeding to be brought in the name of the people for the re- 

 covery of the same. Such action may be 

 Action, where brought in the county where the product is sold, 

 brought. offered or exposed for sale, or in the county 



where the adulteration or violation, or any part 

 thereof, occurred. 



People v. Belknap, 58 Hun, 241; People v. Briggs & McQuade, 114 N. Y. 56; 

 People v. Bull, 85 App. Div. 141; People v. Cipperly, 37 Hun, 324; (dissenting 

 opinion) 101 N. Y. 634; People v. Hodnet, 81 Hun, 137; People v. Lamb, 

 85 Id. 171; People v. Liberman Dairy Co., 59 Misc. Rep. 22, 195 N. Y. G09 ; 

 People v. Munn, 131 App. Div. 341; People v. Salisbury, 2 Id. 39; s. c, 151 

 N. Y. 663. 



§ 9. Disposal of fines and moneys recovered.— One-half of all 

 moneys recovered, either as penalties, forfeitures or otherwise, 

 for the violation of any of the provisions of this chapter, and 

 from fines imposed as a punishment for any criminal offense 

 committed in violation of the provisions of this chapter, or of 

 the penal law relating to the punishment of criminal offenses 

 committed in violation of the provisions of law for the pre- 

 vention of frauds in the manufacture or sale of any of the articles 

 or products to which this chapter relates, shall be paid by the 

 court or the clerk thereof to the city or county where the recovery 

 shall be had or fine collected, for the benefit of the poor of such 

 city or county, except in the city of New York, where the same 

 shall be paid to the proper authorities, and equally divided by 

 them between the pension funds of the police and fire departments. 

 The residue of such moneys shall be paid into the treasury of the 

 state, and paid out by the treasurer, upon the warrant of the 

 comptroller, for the purpose of defraying the expenses of the 

 department of agriculture, audited by the comptroller. The same 

 disposal shall be made of all moneys recovered upon any bond 

 given by any officer by virtue of the provisions of this chapter. 



§ ' 10. When injunction may be obtained — Tn an action in the 

 supreme court for the recovery of a penalty or forfeiture in- 

 curred for the violation of any of the provisions of this chapter an 

 application may be made on the part of the people to the court or 

 any justice thereof for an injunction to restrain the defendant, 

 his agents and employees from the further violation of such pro- 

 visions. The court or justice to whom such application may be 

 made, shall grant such injunction on proof, by affidavit, that the 



