﻿Commissioner 
  of 
  Agriculture. 
  1097 
  

  

  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 
  analvsis. 
  

  

  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 
  sa.id 
  

   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 
  

   shall 
  contain 
  a 
  permanent 
  injunction, 
  restraining 
  the 
  defendant, 
  

   his 
  agents, 
  servants 
  and 
  employes, 
  from 
  any 
  further 
  violation 
  

   of 
  the 
  section 
  or 
  sections 
  on 
  which 
  the 
  recovery 
  is 
  obtained, 
  

  

  6. 
  This 
  act 
  shall 
  take 
  effect 
  immediately. 
  

  

  