3!)1 Ninth Annual Report of the 



defendant, his agents and employes from the further violation 

 of such provisions. The court or justice to whom such applica- 

 tion may be made, shall grant such injunction on proof, by affi- 

 davit, 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 or justice. If the plain- 

 tiff shall recover judgment in the action for any penalty or for- 

 feiture 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 chapter. 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 service cannot be secured with 

 reasonable diligence, but the service herein provided shall be 

 deemed sufficient in any proceeding for the violation of such 

 injunction. 



People v. Bouchard, 6 Misc. Rep. 459. 

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



§ 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 

 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 violation 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. 



