APPENDIX C. 395 



and destroyed by any health officer within whose jurisdiction the same shall be found, 

 and the reasonable expense of such seizure and destruction shall be a county charge. 



2. For the purpose of this act the words "pure wine "shall be understood to 

 mean the fermented juice of undried grapes or other uudried fruits, provided, how- 

 ever, that the addition of pure sugar to perfect the wine, or the addition of pure dis- 

 tilled spirits to preserve it, not to exceed eight per centum of its volume, or the using 

 of the necessary things to clarify and fine the wine, which are not injurious to health, 

 shall not be construed as adulterations, but such pure wine shall contain at least 

 seventy-five per centum of pure grape or other undried fruit juice. 



3. For the further purpose of this act, should any person or persons manufacture 

 with the intent to sell, or sell or offer to sell, any wine which contains less than 

 seventy-five per centum and more than fifty per centum of pure grape or other un- 

 dried fruit juice, and is otherwise pure, such wine shall be known, branded, marked, 

 labeled and sold as " half wine," and upon each and every package of such wine, 

 which shall contain more than three gallons, there shall be stamped upon both ends 

 of such package, in black printed letters, at least one inch high and of proper pro- 

 portion, the words " half wine," and upon all packages which shall contain more than 

 one quart and up to three gallons, there shall be stamped upon each of such packages, 

 in plain, printed black letters at least one-half inch high, and of proper proportion, 

 the words "half wine," and upon all packages or bottles of one quart or less, there 

 shall be placed a label, securely pasted thereon, on which label the words "half 

 wine " shall be plainly printed in black letters at least one-fourth of an inch high and 

 of proper proportion. Should any number of such packages be inclosed in a larger 

 package, as a box, barrel, case, or basket, such outside package shall also receive the 

 stamp " half wine," the letters to be of the size according to the amount of such wine 

 contained in such outside package : Provided, further, That any person or persons' who 

 shall sell, offer for sale, or manufacture with the intent to sell any wine which shall 

 contain less than fifty per centum of pure grape or other uudried fruit juice, and is 

 otherwise pure, such wine shall be known, stamped, labeled, and sold as " made wine," 

 and shall be stamped, marked, and labeled in the same manner as prescribed in this 

 section, except the words shall be in this case "made wine." 



4. If any person or persons shall sell, or offer for sale, or manufacture with in- 

 tent to sell any wine of the kind and character as described in the third section of 

 this act, which shall not be stamped, marked, or labeled after the manner and mode 

 therein prescribed, such person or persons shall be guilty of a misdemeanor, and 

 shall be punished by a fine of not less than two hundred dollars, or more than one 

 thousand dollars for each and every offense, or by imprisonment in the county jail, 

 not less than three months, or more than one year, or by both fine and imprisonment 

 in the discretion of the court, and in addition thereto shall be liable to a penalty of 

 one-half dollar for each gallon thereof so sold, offered for sale, or manufactured with 

 the intent to sell or offer for sale. All penalties imposed by this act may be recov- 

 ered with costs of action by any person, in his own name, before any justice of the 

 peace in the county where the offense was committed; where the amount does not 

 exceed the jurisdiction of said justice, or when such action shall be brought in the 

 city of New York, before any justice of the district or of the city court of said city ; 

 and such penalties may be recovered in the like manner in any court of record in the 

 State, but on recovery by the plaintiff in such case for a sum less than fifty dollars, 

 the plaintiff shall only be entitled to costs to an amount equal to the amount of such 

 recovery. It shall be the duty of any district attorney in this State, and he is hereby 

 required to prosecute or commence actions in the name of the people of this State, 

 for the recovery of the penalties allowed herein, upon receiving proper information 

 thereof, and in all actions brought by such district attorney, one-half of the penalty 

 recovered, shall belong to and be paid over to the person or persons giving the in- 

 formation upon which the action is brought, and the other half shall be paid to the 



