Section 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.