﻿Commissioner 
  of 
  Agriculture. 
  1021 
  

  

  the 
  city 
  and 
  county 
  of 
  New 
  York 
  and 
  the 
  city 
  of 
  Brooklyn, 
  where 
  

   the 
  same 
  shall 
  be 
  paid 
  to 
  the 
  proi>er 
  authorities, 
  and 
  equally 
  

   divided 
  by 
  them 
  between 
  the 
  pension 
  funds 
  of 
  the 
  police 
  and 
  fire 
  

   departments. 
  The 
  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 
  

   exi>enses 
  of 
  the 
  department 
  of 
  agriculture, 
  audited 
  by 
  the 
  comp- 
  

   troller. 
  The 
  same 
  disposal 
  shall 
  be 
  made 
  of 
  all 
  moneys 
  recovered 
  

   upon 
  any 
  bond 
  given 
  by 
  any 
  ofBcer 
  by 
  virtue 
  of 
  the 
  provisions 
  of 
  

   this 
  chapter. 
  

  

  § 
  10. 
  When 
  injunctions 
  may 
  be 
  obtained. 
  In 
  an 
  action 
  in 
  the 
  

   supreme 
  court 
  for 
  the 
  recovery 
  of 
  a 
  penalty 
  or 
  forfeiture 
  incurred 
  

   for 
  the 
  violation 
  of 
  any 
  of 
  the 
  provisions 
  of 
  this 
  chapter 
  an 
  applica- 
  

   tion 
  may 
  be 
  made 
  on 
  the 
  part 
  of 
  the 
  people 
  to 
  the 
  court 
  or 
  aay 
  jus- 
  

   tice 
  thereof 
  for 
  an 
  injunction 
  to 
  restrain 
  the 
  defendant, 
  his 
  agents 
  

   and 
  employes 
  from 
  the 
  further 
  violation 
  of 
  such 
  provisions. 
  The 
  

   court 
  or 
  justice 
  to 
  whom 
  such 
  application 
  may 
  be 
  made, 
  shall 
  

   grant 
  such 
  injunction 
  on 
  proof, 
  by 
  affidavit, 
  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 
  applica- 
  

   tion 
  may 
  be 
  granted 
  or 
  refused 
  in 
  the 
  discretion 
  of 
  the 
  court 
  or 
  

   justice. 
  If 
  the 
  plaintiff 
  shall 
  recover 
  judgment 
  in 
  the 
  action 
  for 
  

   any 
  penalty 
  or 
  forfeiture 
  demanded 
  in 
  the 
  complaint, 
  the 
  judg- 
  

   ment 
  shall 
  contain 
  a 
  permanent 
  injunction, 
  restraining 
  the 
  defend- 
  

   ant, 
  his 
  agents 
  and 
  employes, 
  from 
  any 
  further 
  violation 
  of 
  such 
  

   provision 
  of 
  this 
  chapter. 
  Any 
  injunction, 
  order 
  or 
  judgment 
  ob- 
  

   tained 
  under 
  this 
  section 
  may 
  be 
  served 
  on 
  the 
  defendant 
  by 
  post- 
  

   ing 
  the 
  same 
  upon 
  the 
  outer 
  door 
  of 
  the 
  defendant's 
  usual 
  place 
  

   of 
  business, 
  or 
  where 
  such 
  violation 
  was 
  or 
  may 
  be 
  corhmitted, 
  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 
  bf 
  

  

  