moneys collected, exclusive of costs, shall be paid by the justice to the overseers of the poor of the town in which the offense was committed. 1 R. S., 1081, § 9. § 757. No costs of such prosecution shall be al- Costs. lowed to the defendant, if it appears that before the commencement of the prosecution he refused to produce his license or to disclose his name when lawfully required; nor in such case shall he be entitled to maintain any action against the complainant, the constable, or magistrate, for their acts in pursuance of this chapter. Ib., § 11. § 758. No proceeding for any penalty imposed Limitation. by this chapter shall be maintained, unless brought within sixty days after the offense. Ib., 1082, § 12. CHAPTER VI. DRUGS. SECTION 759. Poisonous drugs to be labeled. drugs to be 759. Any person who sells or delivers any poisonous poisonous substance without having the word labeled. "Poison" written or printed upon a label attached to the phial, box or parcel in which the same is so sold or delivered, or who sells or delivers any tartar emetic, without having the true name thereof upon such label, is guilty of a misdemeanor.' Any person who violates this section, or whose partner, clerk or servant does so, is liable in damages to any party injured in consequence thereof. 12 R. S., 877, § 25. Fire com panies. Powers of companies. 768. Officer holding inquest to hold offender and witnesses. 769. Proceedings to be returned to criminal court. 770. Local acts respecting fires. § 760. Except in an incorporated city or village, fire companies may be formed in any town as follows: The supervisor and the justices of the peace may appoint, in writing, any number of the inhabitants, not exceeding forty, to each fire engine procured for the town, and, in the same manner, may fill vacancies from time to time, in such company. Every such fireman, and all the members of any fire company or hook and ladder company, appointed pursuant to any statute, are exempt, while they are such, from jury service in courts of record, and, except in war, insurrection or invasion, from military duty. 1 R. S., 666, § 5; 667, § 8. § 761. Each such fire company, shall choose a captain and clerk, and may establish such by-laws and regulations, and impose such penalties, not exceeding five dollars for each offense, as necessary to enforce performance, by the firemen, of their duty. 1 R. S., 667, § 6. § 762. Such penalties may be collected by the Penalties, how collected and captains in any court having cognizance thereof, expended. and shall be expended for the repair and preservation of the engines and apparatus. Ib., 667, § 7. woods. § 763. Every person negligently setting fire to Firing his own woods, or negligently suffering any fire to extend beyond his own land, is liable in treble damages to the party injured, and is guilty of a misdemeanor. 2 Ib., 106, § 1. ing fires in woods. § 764. Whenever the woods in any town are on Extinguishfire, the justice of the peace, the supervisor and the commissioners of highways, and each of them, shall order so many of the inhabitants liable to work on the highways, and residing in the vicinity, as they severally deem necessary, to repair to the place of the fire and assist in extinguishing or stopping it. Ib., § 2. § 765. Any person who neglects to comply is Penalty. liable to a penalty of fifty dollars, and is guilty of a misdemeanor. The penalty shall be applied as a reward to such person or persons as a majority of the officers mentioned deem best entitled thereto Investigation into origin of fires. Inquest. Officer holding inquest to hold the for superior exertions in extinguishing or stopping the fire. 2 R. S., 107, §§ 3, 4. § 766. The coroner, sheriff or any deputy sheriff of any county, on the written request of any officer or agent of any insurance company, or of any two reputable freeholders, accompanied by affidavit of a credible witness, showing ground to believe that any building in such county, excepting the cities of New York, Brooklyn or Buffalo, has been designedly set on fire or attempted to be, shall investigate, without delay, the truth thereof, for which purpose they shall possess the powers conferred by law upon coroners for the purpose of holding inquests, and their compensation and expenses shall be fixed and paid in the same man ner. Laws of 1857, ch. 504, §§ 1, 2, 7, s. § 767. The jury, after inspecting the place of the fire, or of the attempt, and hearing the testimony, shall deliver to such officer their inquisition in wri ting, and signed, certifying how such fire happened or was attempted, and all the circumstances attending the same, and who were guilty thereof, either as principal or accessory, and in what manner. If unable to ascertain the same, they shall certify accordingly. Ib., § 3. § 768. If the jury find that any building has been designedly set, or attempted to be set on fire, and the witnesses. the officer holding the inquest shall bind over the offender witnesses to appear and testify at the next criminal court of record in the county at which an indictment for such offense can be found; and if the party charged with the offense is not in custody, the officer has the same power to issue process for his arrest, and to examine him when arrested, as is possessed by a justice of the peace, and shall in all respects proceed in like manner. Laws of 1857, ch. 504, §§ 4, 5. § 769. The testimony of all witnesses examined shall be reduced to writing by the officer, and shall be returned by him, together with the inquisition of the jury and all recognizances and examinations taken by him, to the next criminal court of record held in the county. Ib., § 6. Proceed ings to be returned to criminal court. respecting 770. The subject of fires in the cities of New Local acts York' and Brooklyn,' and the burning of coal-kilns in the county of Suffolk,' is regulated by special statutes.* 'Laws of 1855, ch. 112; 1856, ch. 18. 2 Laws of 1852, ch. 355; 1857, ch. 768. "Laws of 1859, ch. 282. * Laws of 1852, ch. 332; Ib., ch. 355; Laws of 1853, ch. 542. fires. |