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Appointment and Removal.

The board of trustees having the power of appointment of police constables can fix the time and duration of the appointment and can terminate it. The civil service law does not apply to villages. People ex rel. Seward v. Village of Sing Sing, 54 App. Div. 555. As to removal of a village policeman on charges see People ex rel. Shires v. Magee, 57 App. Div. 281.

ARTICLE VII.

THE FIRE DEPARTMENT.

SECTION 200. General powers of the board of fire commission

ers.
201. Ordinances.
202. Organization of companies.
203. Incorporation of fire department.
204. Election of company officers and delegates.
205. Chief engineer and assistant engineers.
206. Council of fire department.
207. Meetings of fire department.
208. Duties of chief engineer and assistants.
209. General exemptions of firemen.
210. Annual report of the fire commissioners.

$ 200. General powers of the board of fire commissioners.

The board of fire commissioners of a village,

1. Has the care, custody and control of all property belonging to the fire department.

2. May purchase fire engines, hose, hose carts, horses, tools, implements and apparatus suitable and necessary to prevent and extinguish fires within the village, and keep the same in good condition and repair.

3. May erect and maintain suitable and necessary buildings for the fire department.

4. May construct and maintain reservoirs and cisterns and supply them with water for use at fires.

5. May adopt rules for the admission, suspension, removal and discipline of the members, officers and employees of the fire department, may prescribe their powers and duties, and fix their compensation.

6. Has the control and supervision of the members, officers and employees of the department, may direct their conduct at fires, and prescribe methods for extinguishing fires.

7. May appoint persons other than members or officers of the department to take charge of the property of the department, and may fis their compensation.

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8. May, in villages of the first or second class, appoint not more than twenty duty or “call men,” and fix their duties and compensation.

9. May inquire into the cause and origin of fires occurring in the village, and may take testimony in relation thereto.

INSURANCE LAWS. LAWS OF 1892, CHAP. 690.

§ 133. Payment of tax by agents of foreign fire insurance corpo

rations to fire departments. Except in the cities of New York and Buffalo there shall be paid to the treasurer of the fire department of every city or village of this state, whether incorporated or unincorporated, having a fire department, company or organization, for the use and benefit of such department or to the treasurer of such fire department within the fire limits, as established by law, of an unincorporated village, and when no treasurer of a fire department exists, then to the treasurer or other fiscal officer of such city or village, or in case of an unincorporated village to the supervisor of the town in which such village is situated who, for the purposes of this act, shall have the same powers as the treasurers of fire departments, on the first day of Feb. ruary of each year, by every person who shall act as agent for or on behalf of any foreign fire insurance corporation, association or individuals which insure property against loss or injury by fire, the sum of two dollars upon the hundred dollars, and at that rate, upon the amount of all premiums which during the year or part of a year ending on the last preceding thirtyfirst day of December shall have been received by such agent or person, or received by any other person for him, for any insurance effected or pro

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cured by him as such agent or broker against loss or injury by fire upon property situate within the corporate limits of such city or village, or within the fire limits of such unincorporated village. Every city, except the city of New York, village, fire department, fire, hose or hook and ladder company, fire district, or fire district association, firemen's benevolent associations, exempt or veteran firemen's associations, and every officer, board of officers and associations receiving any portion of the tax directed to be paid by this section or any similar provision of law, shall within ten days after the receipt of the same, pay to the treasurer of the Firemen's association of the state of New York, ten per centum of the amount so received by it or him, for the support or maintenance of the Volunteer Firemen's home at Hudson, New York. On or before the first day of April in each year every such city, village, fire department, fire, hose or hook and ladder company, fire district, or fire district association, firemen's benevolent associations, exempt or veteran firemen's associations, officer, board of officers and association, shall, by its chief fiscal officer, treasurer, or other officer whose duty it may be to receive such funds, deliver to the treasurer of the Firemen's association of the state of New York a statement showing the name of each person or corporation from whom any such tax shall have been received and the amount paid by each, which statement shall be verified by the officer making the same to the effect that the same is correct and true and that such statement correctly shows the amount of such tax received by such city, village, fire department, fire, hose or hook and ladder company, fire district, or fire district association, firemen's benevolent associations, exempt or veteran firemen's associations, officer, board of officers and association since the first day of April in the preceding year. Any such city, village, fire department, fire, hose or hook and ladder company, fire district, or fire district association, firemen's benevolent associations, exempt or veteran firemen's associations, officer, board of officers and assoeiation receiving any portion of such tax and failing to make and deliver such verified statement as herein provided or omitting to pay ten per centum thereof to the treas. urer of the Firemen's association of the State of New York as provided herein within the time above allowed shall forfeit the sum of fifty dollars in addition to the amount of such tax to be recovered in an action which may be maintained by said Firemen's association of the state of New York in any of the courts of this state.

§ 134. Undertaking of agent.

No person shall, as agent for any such foreign insurance corporation, association or individuals, effect any insurance upon any property situate in any city or village of this state upon which the sums specified in the preceding section are required to be paid, or as such agent procure such insurance to be effected, until he shall have executed and delivered to the officer to whom such account is to be rendered and such payments to be made, a bond to such fire department in the penal sum of five hundred dollars, with such sureties as such treasurer, supervisor or other fiscal officer shall approve, with a condition that he will annually render to such treasurer, supervisor or other fiscal officer, on the first day of February in each year a just and true account, verified by his oath that the same is true of all premiums which, during the year ending on the thirty-first day of December preceding such report shall have been received by him or any other per. son for him, for any insurance against loss or injury by fire upon property situated in such city or village, which shall have been effected or procured by him to have been effected by any such corporation, association or individuals, and that he will annually, on the first day of February in each year, pay to such treasurer or supervisor or other fiscal officer two dollars upon

every hundred dollars, and at that rate upon the amount of such premiums. Any such corporation, association or individual, having authority to transact business in this State, on filing a bond in the penal sum of two thousand five hundred dollars with the superintendent of insurance that it will make its account and pay the sums so required to be paid, may effect such insurance in any city, town or village wherein it has no agent.

f 135. Penalty for refusal to pay.

Every such person who shall effect any such insurance without having executed and delivered such bond, shall, for each offense, forfeit two hundred dollars, for the use and benefit of the fire department of such city or village, to be collected by and in the name of the fire department, treasurer or chief fiscal officer of the city or village in which the property insured is situated. The treasurer or chief fiscal officer of any city or village having no incorporated firemen’s relief or benevolent society receiving any money under the laws of this State, shall on or before the fifteenth day of February in each year, apportion and pay over all such moneys so received to the treasurers of such of the several fire companies as are duly recognized by the common council, trustees or supervisors of such city or village.

*If he shall neglect or refuse to perform any or all of the duties required by this section, he shall forfeit the sum of two hundred dollars for every such neglect or refusal for the use and benefit of the fire department of such city or village, and the foreman of any fire company may sue for and maintain an action in the name of and for the benefit of such company for its proportion of the penalties prescribed by this section.

$ 201. Ordinances.

The board of fire commissioners may adopt ordinances for the following purposes:

1. To protect and preserve the property and apparatus of the department.

2. To prevent danger from fires and to protect property exposed to destruction or injury by fire.

3. To provide for pulling down, blowing up and the removal of buildings and property to arrest the progress of fires or extinguish the same.

The board may enforce observance of such ordinances by the imposition of penalties. § 202. Organization of companies.

The board of fire commissioners may organize and maintain fire, hose, protective and hook and ladder companies, whenever in its judgment the public interests require, by appointing a sufficient number of suitable persons as members thereof, respectively, not exceeding sixty to each fire company, forty-five to each hook and ladder company, and thirty to each hose company or protective company. Vacancies shall be filled by the board of fire commissioners upon nomination by the company. No new appointment shall be made to a company, unless the number of members thereof shall be less than the number hereby limited. The board of fire commissioners may, by resolution, consent to the incorporation of any of the companies so organized by them, or may consent to the incorporation or the organization without incorporation of as many companies voluntarily organized in said village as may be deemed necessary.

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The membership corporation law, $ 65, requires the consent of the trustees of a village to the incorporation of fire, etc., companies.

There was considerable diversity in the several laws as to the number of members in a company. The commission has followed § 5 of tit. III. of the act of 1870.]

L. 1895, ch. 559, $ 65–66, provide for the organization of similar companies by ten or more private persons.

$ 203. Incorporation of fire department.

The members of all fire, hose, protective and hook and ladder companies of a village, organized and maintained in pursuance of law, constitute a corporation by the name of the “Fire Department of

The term fire department of a village, as used in this chapter, refers to such a corporation.

(L. 1887, ch. 244, § 2; R. S., 9th ed., 2696,

without change of substance. The provisions of $ 2 of the act of 1887, relating to general powers of the corporation, are fully covered by $8 11, 12 of the general corporation law.]

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See chapter on “Miscellaneous Provisions," post.

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