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$ 204. Election of company officers and delegates.

Each of the several companies whose members constitute the fire department of the village shall hold an annual meeting on the first Tuesday in April in each year. At such meeting the members of each company shall elect by ballot from their number a foreman and an assistant foreman, who must be approved by the board of fire commissioners, two wardens, and three delegates to the general convention of the fire department. The terms of office of the foreman, assistant foreman and wardens shall be one year, respectively, and any vacancies occurring in any of such offices shall be filled by election in like manner.

[L. 1870, ch. 291, tit. II, & 4; R. S., 9th ed., 2270,
L. 1870, ch. 291, tit. III, 88 6, 7; R. S., 9th ed. 2285,
L. 1887, ch. 244, 88 3, 6; R. S., 9th ed., 2696,
without substantial change.]

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§ 205. Chief Engineer and assistant engineers.

The chief engineer and the first and second assistant engineers of the fire department shall each be a member thereof and an elector of the village. The delegates elected to the general convention of the fire department shall meet at the council room thereof on the Thursday following the first Tuesday in April, and nominate a person for each of such offices; but the fire commissioner of any village may adopt a rule requiring all such nominations to be made on that day by vote of the duly qualified members of the department, in which case the meeting of the delegates in general convention, as provided for in this section, shall be dispensed with.

The person acting as secretary of such convention shall forthwith file in the office of the village clerk a certificate of such nominations. The board of fire commissioners at its next meeting shall consider the nominations and appoint such persons as it may approve to the offices for which they were respectively nominated. If a nomination is not approved the board shall appoint a qualified person to such office. (Ch. 145, 1898.)

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(L. 1887, ch. 244, 88 3, 4.)

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§ 206. Council of fire department.

In a village in which separate fire commissioners are not appointed, the chief engineer, the assistant engineers and the wardens of the several companies constitute the council of the fire department. The council shall meet on the third Tuesday in April in each year and choose from its own number a secretary, a treasurer and a collector of the fire department, who shall hold their respective offices for one year unless sooner removed by the council. A vacancy in the office of secretary, treasurer or collector shall be filled by the council at its next meeting for the balance of the unexpired term. Two-thirds of the members of such council constitute a quorum, and may make and prescribe bylaws for the proper management of the affairs, and the disposition of the funds of the fire department, may call meetings of the members, and designate one or more days in each year for public exercise, inspection and review.

(L. 1847, ch. 151, $ 2; R. S., 9th ed., 2089,
L. 1887, ch. 244, $$ 6, 8; R. S., 9th ed., 2697,
without change of substance.]

§ 207. Meetings of fire department.

The members of the several companies constituting the fire department shall hold a general meeting at the council room, or at such other place as the council may direct, on the first Friday following the first Tuesday in April of each year, at seven o'clock in the afternoon, to hear the annual report of the secretary and treasurer, and to transact any other proper business of the fire department. If a meeting or election of the fire department shall not be held on the day fixed by this article therefor the corporation shall not on that account be dissolved, but the meeting or election may be held on a subsequent day in accordance with its by-laws.

(L. 1887, ch. 244, 8 9.)

§ 208. Duties of chief engineer and assistants.

The chief engineer shall be president of the council and of the meetings of the fire department. He shall, under the direction

of a separate board of fire commissioners, if any, have exclusive control of the members at all fires, inspections and reviews, the supervision of the engines, hose and other apparatus owned by the village for the prevention or extinguishment of fires, of all property owned by the fire department, and of all officers and employes thereof elected or employed by the council or by a separate board of fire commissioners, if any. He shall, whenever required by the board of fire commissioners, report to the board the condition of the property of the department and such other information respecting the department as may be required. He shall hold the members, officers, and employes of the department strictly to account for neglect of duty, and may, in a village in which separate fire commissioners are not appointed, suspend or discharge them at any time, subject to the approval of two-thirds of the members of the council at the next meeting. He shall, upon application, and if authorized by the council, or a separate board of fire commissioners, if any, issue through the secretary of the fire department a certificate of the time of service of a member of the fire department, and shall give to each officer of the department immediately after his election a certificate thereof countersigned by the secretary. In case of the inability or absence of the chief engineer, the first assistant engineer, and in case of the absence or inability of both the chief engineer and first assistant, the second assistant engineer, shall perform the duties and have all the powers of the chief engineer.

[L. 1870, ch. 291, tit. III, 8 7; R. S., 9th ed., 2286,
L. 1887, ch. 244, $ 5; R. S., 9th ed., 2697,
without change of substance.

For further duties of chief engineer, in relation to inspection of fire escapes, see domestic commerce law, $ 40. (Laws of 1896, ch. 376.)]

$ 209. General exemptions of firemen.

A full term of service in a fire department is five successive years. A person who has served in a fire department of village, after becoming eighteen years of age, shall be entitled to a certificate of such service, signed by the president, and under the corporate seal, or by the chief engineer and the secretary of the fire department, under the seal of the department, or by a majority of the members of the board of fire commissioners in a village in which separate fire commissioners are appointed. Such certificate shall be presumptive evidence of the facts stated therein.

A member of a fire department who removes from the village shall be allowed as part of a full term, the time he has served continuously as fireman therein, if, within three months thereafter, he becomes a member of the fire department of another village or city; and, upon completing a full term, shall be entitled to all the privileges and exemptions thereby secured to firemen. (See Laws 1900, ch. 449, post.)

[L. 1870, ch. 291, tit. III, 8 6; R. S., 9th ed., 2286,
L. 1887, ch. 244, $$ 11-12; R. S., 9th ed., 2698,
L. 1847, ch. 151, § 3; R. S., 9th ed., 2089,

The military code, $ 1 (L. 1898, ch. 601), exempts firemen and exempt firemen who have served a full term from military service. Code Civ. Pro., § 1030, exempt firemen and exempt firemen who have served five years from jury duty. This section requires the service in another village or city to be resumed within three months. There is no limitation in the present law. Section 131 of this chapter authorizes villages to exempt firemen from taxation for village purposes.]

$ 210. Annual report of the fire commissioners.

Between the first and fourth day of March in each year, the board of fire commissioners shall file with the village clerk a report containing a statement of the following facts:

1. The amount of money on hand at the beginning of the preceding fiscal year, and the receipts from all sources during such year.

2. An itemized statement of the amount paid out during such year, and the balance on hand.

3. The outstanding indebtedness of the department, either bonded or otherwise, separately stated.

4. A statement of the principal or interest which will become due during the current fiscal year on bonds or certificates or indebtedness.

5. The improvements made during such preceding year, and the general condition of the property of the fire department.

6. Such other facts as the board deems important for the interest of the village, together with such recommendations concerning the department as may be deemed proper.

LAWS 1895, CHAPTER 615.

INJURED FIREMAN-APPROPRIATION OF MONEY TO

EXECUTOR OF.

Section 1. If an active member of a volunteer fire company in any incorporated village or in any fire district of a town outside of an incorporated village, dies from injuries incurred while in the performance of his duty as such fireman within one year thereafter, the village or town shall pay to the executor or administrator of such person the sum of five hundred dollars. In villages such sum shall be a village charge, and shall be audited and paid in the same manner as other village charges, and shall be assessed upon the property and persons liable to taxation in such village, and levied and collected in the same manner as other village taxes. If such fireman was a member of a fire company in a fire district outside of an incorporated village, such sum shall be a town charge, audited and paid in the same manner as other town charges, and shall be assessed upon the property and persons in such fire district liable to taxation, and levied and collected in the same manner as other town charges. Such money shall be distributed in the manner provided by law for the distribution of personal property.

Section 2. This act shall take effect immediately.

LAWS 1900, CHAPTER 449. Section I. That in case any city, town, or village in this state shall organize a paid fire department, and thereby deprive any active member of any volunteer fire department, company or association of such city, town, or village of the right to serve his full term as a volunteer fireman of such volunteer fire department, company, or association, as now prescribed by the laws of this state, every such member shall be entitled to a full and honorable discharge and to all the rights and privileges now granted by the laws of this state to volunteer firemen who have served as such the time required by law, and shall be entitled to an exemption certificate provided for the laws of this state, relating to exemptions for service in volunteer departments.

Section 2. The trustees or the officers of every such volunteer fire department, volunteer engine, and hook and ladder company shall, within

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