JSS-i 



Agricultural Law 



[Art. 2. 



Cause for 

 prosecu- 

 tion. 



Place of 

 action. 



ter, with other merchandise or stock in his place of business, shall 

 be deemed to have the same in his possession for sale. 



People V. TJoscli. 120 App. Div. 660; People v. Hills, 04 Id. 584; People v. 

 Terwilliger, 59 Misc. Rep. 617. 



§ 8. Prosecution for penalties. Whenever the commissioner of 

 agriculture shall know or have reason to believe that any penalty 

 has been incurred by any person for a violation of any of the 

 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 recovery 

 of the same. Such action mav be brouaht in the count v where 

 the product is sold, offered or exposed for sale, or in the county 

 whei'e the adulteration or violation, or any part thereof, occurred. 



People V. Belknap, 58 Hun. 241 : People v. Briggs & IMcQuade, 114 X. Y. 56; 

 People V. Buell, 85 App. Div. 141; People v. Cippeiiy, 37 Hun. 324. (dissenting 

 opinion I lUl X. Y. 634; People v. Hodnett, 81 Hun, 137; People v. Lamb, 

 85 Id. 171; People v. Liberman Dairy Co., 59 Misc. Rep. 22, 195 N. Y. 609; 

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

 N. Y. 663. 



Moneys 

 recovered 



Disposal. 



§ 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 com- 

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

 penal law relating to the jDunishment of criminal offenses com- 

 mitted in violation of the provisions of law for the prevention 

 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 Xew 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. 

 Residue*' °' "^^^ 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. 



In New 

 YoTh City 



