CHAPTER VI. Formation of com panies. Foreman and assist. FIRE COMPANIES. SECTION 1112. Formation of companies. 1113. Foreman and assistant foreman. 1114. Exemption of members from militia duty. § 1112. The trustees of any village that has voted monies for fire apparatus may appoint, in writing, not exceeding thirty inhabitants, members of each hook and ladder company, and any number not exceeding fifty, members of each engine company to be formed; and in the same manner, from time to time, fill vacancies that occur in such companies. 1 R. S., 1244, § 100. § 1113. Each company shall annually elect, at ant foreman such time as the trustees prescribe, a foreman and Exemption of members from militia duty. assistant foreman, who may be removed by the trustees for sufficient cause. Ib., § 101. § 1114. Every member of such company who, after he is eighteen years of age, serves faithfully, and conforms to all regulations for ten years, shall thereafter be exempt from militia duty, except in case of war, insurrection or invasion; but the time when a company is unprovided with proper implements shall not be estimated as a part of such ten years. The certificate of the president of the CHAPTER VII. POUNDS. SECTION 1115. Impounding. 1116. Notice to officers and owner. 1117. Notice of sale. 1118. Notice, when to be published. 1119. Trustee to attend sale. 1120. Reclaiming. 1121. Proceeds of sale. 1122. Disposal of balance. ing. § 1115. It is the duty of the pound-master, and Impouna the right of any person, to distrain and impound any animals going at large in violation of an ordinance of the village. Ib., § 83. officers and owner. § 1116. Within twenty-four hours after any ani- Notice to mals come into his custody, the pound-master shall give notice thereof to the president, or, in his absence, to one of the trustees, and also to the owner (if he is a resident of the village) within twenty-four hours after he is known. Ib., § 84. sale. § 1117. If not reclaimed within twenty-four Notice of hours after coming into his custody, he shall give Notice when to be published. Trustee to attend sale. Reclaiming. at least six days' previous notice of their sale, by posting the same in six of the most public places of the village. 1 R. S., 1244, § 85. 1118. If the value of the animal exceeds ten dollars, the notice shall be published once in each week, for two successive weeks, in a newspaper printed in the village, or if there is none, then in the newspaper printed nearest thereto; if it exceeds twenty-five dollars, the notice shall be published in the same way for four successive weeks. In either case, if the residence of the owner is known and is within fifteen miles of the village, such notice shall be served on him personally, or by leaving it at his residence, at least ten days before the sale; but if his residence is more than fifteen miles from the village, it shall be put in the postoffice, directed to him at his residence, within two days after its first publication. Ib., § 86. § 1119. One of the trustees shall attend and direct the manner of every such sale, and may in his discretion postpone it, of which notice shall be given as in cases of postponement of the sale of personal property by the sheriff. Ib., § 87. § 1120. At any time before the sale, the owner is entitled to the strays on paying the pound-master his fees, as audited, on paying to the treasurer the penalty incurred by the going at large of the animals, and on satisfying the trustees of his ownership. The trustees may remit such penalty before or after sale, if they are satisfied by affidavit, to be filed with the clerk, that such going at large was without fault of the owner or his agents. 1 R. S., 1244, § 88. sale. § 1121. Out of the proceeds of such sale the Proceeds of pound-master may receive his fees, when audited, and shall, within forty-eight hours after the sale, pay the balance to the treasurer. Ib., § 89. balance. § 1122. If the owner, within a year from the Disposal of payment to the treasurer of the balance, presents his claim against the village therefor, as required by section 1086, accompanied by affidavit that the claim is well founded, and showing the grounds thereof, the trustees may audit the same. Any such monies, not claimed within two years, may be appropriated by vote of the electors to any purpose specified in section 1096. Ib., §§ 90, 91. § 1123. The pound-master is entitled to the fol- Fees. lowing fees, and no other compensation whatever: For impounding and discharging animals, the same as those allowed to pound-masters in towns; for personal service of notice to owners, the same as allowed to constables for serving summons issued by a justice (but no travel fee shall be allowed where the owner resides in the village), and reasonable compensation for feeding. The printer's fees are at the same rate as allowed for legal advertisements. All such fees and compensation shall be audited by the trustees before they are received by the pound-master. 1 R. S., 1244, §§ 92, 93. GENERAL PROVISIONS. Construc tion of the Code. Repeal of former statntes. Time when SECTION 1124. Construction of the Code, 1125. Repeal of former statutes. 1126. Time when Code takes effect. § 1124. The rule that statutes in derogation of the common law are to be strictly construed has no application to this Code. § 1125. All statutes, laws, and rules heretofore in force in this state, inconsistent with the provisions of this Code are hereby repealed and abrogated; but such repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any proceeding already taken, except as in this Code provided, nor does it affect any private or local statute. § 1126. This Code shall take effect on the effect. day of |