Art. 3 Dairy Products 11 g 



defendant has bee L guilty of the violations alleged in the com- 

 plaint, or of a violation of any such provision subsequent to the 

 commencement of the action, and in the same manner as injunc- 

 tions are usually granted under the rules and practice of the 



court. No security on the part of the plaintiff 

 Security, costs shall be required, and costs of the application 

 discretionary. may be granted or refused in the discretion of 



the court or justice. If the plaintiff shall re- 

 cover judgment in the action for any penalty or forfeiture de- 

 manded in the complaint, the judgment shall contain a permanent 

 injunction, restraining the defendant, his agents and employees, 

 from any further violation of such provision of this chapter. Any 

 injunction, order or judgment obtained under this section may 



be served on the defendant by posting the same 

 Service of upon the outer door of the defendant's usual 

 injunction. place of business, or where such violation was 



or may be committed, or in the manner re- 

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

 of the court. Personal service of the injunction shall not be neces- 

 sary when such service can not be secured with reasonable dili- 

 gence, but the service herein provided shall be deemed sufficient 

 in any proceeding for the violation of such injunction. 



People v. Bouchard, 6 Misc. Rap. 459; People v. Schintzius, Gl Id. 410; 

 People v. Windholz, 68 App. Div. 552. 



§ 11. When prosecution shall not be compelled to elect. — l n a n 

 action for a penalty or forfeiture incurred by reason of the viola- 

 tion of the provisions of this chapter, when the complaint charges 

 a violation of any two or all of such provisions, the plaintiff 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 viola- 

 tion of any one of such provisions has been committed for which a 

 penalty or forfeiture is imposed. 



People v. Briggs & McQuade, 114 N. Y. 56; People v. Liberman Dairy Co., 

 59 Misc. Rep. 22; People v. Munn, 131 App. Div. 341. 



ARTICLE 3 



Dairy Products 



Section 30. Definitions. 



31. Care and feed of cows. 



32. Prohibiting the sale of adulterated milk, imitation 



cream and regulating the sale of certified milk. 



