§ 331. Penalty for failing to publish. 1. Any person, partnership,
limited partnership, unincorporated joint-stock association or
corporation publishing in the state of New York, a newspaper, magazine,
book, pamphlet or any other periodical or printed publication which
omits, fails or neglects to carry out the provisions of the preceding
section shall be guilty of a misdemeanor for each issue of such
publication over which such neglect or failure so to do extends; and
upon conviction thereof shall be fined not less than one hundred dollars
nor more than five hundred dollars.

2. Whenever such publications are discovered and the identity and
address of neither the owner, the proprietor, the publisher or the
printer appears as required by this article and cannot be ascertained
after reasonable diligence, then upon a verified application of a peace
officer, acting pursuant to his special duties, or of any police officer
showing such circumstances, a magistrate, may issue an order directing
that such publications be seized and destroyed by such officer.