Commissioner op Agriculture. 453 



3. Any person, firm or corporation who shall violate any of 

 the provisions of this act, shall be deemed guilty of a misde- 

 meanor, and upon conviction thereof shall be punished, for each 

 and every such violation, with a fine of not less than fifty dol- 

 lars nor more than five hundred dollars; and in default of the 

 payment of such fine shall be committed to the county jail for a 

 period of not less than thirty days. 



4. It shall be the duty of the commissioner of agriculture to 

 enforce the provisions of this act. The said commissioner and 

 his assistants, experts and chemists, and others appointed by him, 

 shall have access, ingress and egress to and from all places of 

 business and buildings where linseed or flaxseed oil is kept for 

 sale or stored. They shall also have the power and authority 

 to open any tank, barrel, can or other vessel containing such oil, 

 and may inspect the contents thereof, and take samples there- 

 from for analysis. 



5. Any person, firm or corporation who shall violate any of the 

 provisions of this act shall, in addition to the fines herein pre- 

 viously described, for each offense forfeit and pay a fixed penalty 

 of one hundred dollars. Such penalty shall be recovered, with 

 costs, in any court of the state having jurisdiction thereof, in an 

 action to be prosecuted in the name of the people, by the commis- 

 sioner of agriculture, or any of his assistants, and shall be de- 

 voted to the payment of the expenses of the department of said 

 commissioner. In any action commenced in the supreme court 

 for the recovery of such penalties, an application may be made 

 on the part of the plaintiff to said court or any justice thereof 

 for an injunction to restrain the defendant, his agents, servants 

 and employes, from the further violation of this act during the 

 pendency of the action, and it shall be the duty of such court or 

 justice to grant the injunction, in the same manner as injunc- 

 tions are usually granted under the rules and practice of such 

 court, upon proof by affidavits that the defendant has been guilty 

 of such violation, either before or after the commencement of 

 the action. In case the plaintiff shall recover judgment for the 

 penalty or penalties demanded in the complaint, the judgment 



