Art. 2.] General Provisions 188''^ 







§ 10. When injunction may be obtained. In 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 fion"f„^; m. 

 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 Granting 



' *^ '' L 7 J J injunction. 



defendant has been guilty of the violations alleged in the com- 

 plaint, or of a violation of any ^uch 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 shall be required, security. 

 and costs of the application may be granted or refused in the dis- costs. 

 cretion of the court or justice. If the plaintiff shall recover 

 judgment in the action for any penalty or forfeiture demanded 

 in the complaint, the judgment shall contain a permanent injunc- 

 tion, restraining the defendant, his agents and employees, from Permanent 

 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 can not be secured with reasonable diligence, 

 but the service herein provided shall be deemed sufficient in any 

 proceeding for the violation of such injunction. 



Hopkin.': V. Clemson College, 221 U. S. 6.36; People v. Bouchard, 6 Misc. 

 Rep. 459; People v. Schintzius, 61 Id. 410; 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 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 piamtifr 

 provisions but shall be entitled to recover if it is found that a 



entitled to 

 recover. 



