§ 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.