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. how collected and expended. § 762. Such penalties may be collected by the Penalties, captains in any court having cognizance thereof, 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 Investiga tion into origin of üres. 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 writing, and signed, certifying how such fire happened or was attempted, and all the circumstances attending the same, and who were guilty thereof, eitber as principal or accessory, and in what manner. unable to ascertain the same, they shall certify accordingly. Ib., § 3. If § 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. ings to be returned to criminal court. § 769. The testimony of all witnesses examined Proceed 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. respecting fires. § 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.* 1 Laws of 1855, ch. 112; 1856, ch. 18. * 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. CHAPTER VIII. FISHING AND HUNTING. SECTION 771. Poisoning fish. Poisoning fish. Preserva tion of trout. Preserva tion of deer. 772. Preservation of trout. 773. Preservation of deer. 774. Penalty. Local provisions respecting fisheries in various places are contained in special statutes. into any of the waters § 771. No shall person put of this state, for the purpose of taking or destroying any fish, any of the berry commonly called cocculus indicus, or any other poisonous substance, whether it be mixed with any other substance or not. From 2 R. S., 98, §§ 1, 2. § 772. No person shall, on any of the inland public waters of this state, except the Cayuga, Seneca, Crooked and Otsego lakes, take any trout, at any time, by any means except a hook and line, nor any speckled or brook trout at any time between the 15th day of September and the 15th day of February, by any means whatever. 1 Laws of 1857, 585, ch. 290, §§ 1, 2; Laws of 1859, 1185, ch. 511, § 6. § 773. No person shall, within this state, kill any wild deer, partridge, quail, woodcock or snipe during the months of February, March, April, May, June or July. The having in possession, in such months any green deer skin or fresh venison, is presumptive evidence of having violated this section. 1 Laws of 1857, 582, ch. 287, §§ 1, 3; 1859, 1185, ch. 511. § 774. Whoever offends against any provision of Penalty. this chapter incurs a penalty of twenty-five dollars for each offense, to be recovered, before any justice of the peace of the state, by any complainant, or by a superintendent of the poor in the county where the offense was committed. If the latter is plaintiff, one-half of the recovery shall be paid to him for the use of the poor, and the other half to the complain ant. 2 R. S., 98, § 2, Laws of 1857, ch. 287, §§ 4, 5; Ib., ch. CHAPTER IX. RACING. SECTION 775. Racing forbidden. 776. Duty of officers of justice. 777. Penalty on bettors. 778. Penalty on owners. 779. Racing in New Utrecht. 780. Penalties, how recovered. 781. Racing in vicinity of a court. forbidden. § 775. All racing or trial of speed between horses Racing or other animals, for any bet, stake or reward, except such as are allowed by special laws, is a common nuisance, and parties acting or aiding therein, or interested in any such bet, stake or reward, are guilty of a misdemeanor. 2 R. S., 80, § 49. |