Fraud. be prosecuted for by the district attorney of the county in which the offense is committed. The comptroller shall give immediate notice of every offense to the proper district attorney, or he may if he deems necessary, give such notice to the attorney-general, who thereupon may prosecute therefor. The moneys recovered, deducting a proper compensation to the prosecuting officer, to be fixed by the comptroller, shall be paid to the treasurer of the county. 1 R. S., 1075, §§ 54, 55. § 750. Every auctioneer, or other person acting as such, who is guilty of any fraudulent practices in business or in executing or eluding the provisions of this chapter, is guilty of a misdemeanor, and is liable in treble damages to any party injured. From 1 R. S.. 1070, § 21; 1075, § 53. CHAPTER V. PEDDLING. SECTION 751. Peddling without license forbidden. 752. Applicant to pay duties. 753. Application, how made. 754. Peddlers to produce license. 755. Citizens may apprehend offenders; duty of overseers of to place, any articles, the growth, produce or man ufacture of any foreign country, except pursuant to the terms of, a license first obtained by him in the manner hereinafter provided, under penalty of twenty-five dollars for each offense, for the use of the poor of the town where the offense is committed. 1 R. S., 1089, §§ 1, 6. to pay du ties. § 752. Every applicant for a license shall first Applicant pay into the state treasury the following duties for one year's license, or at a proportionate rate for any shorter time not less than six months: 1. If he intends to travel on foot, twenty dollars; 2. If with a single horse or other beast, carrying or drawing a burden, or with a boat or boats, thirty dollars; with any vehicle drawn by more than one horse or other animal, fifty dollars. Ib., 1080, § 3. § 753. He shall then deliver to the secretary of Application state the treasurer's receipt for such duties, countersigned by the comptroller, together with an application signed by himself or his authorized agent, specifying in which mode he intends to travel; and the secretary of state shall thereupon, on payment of his fees, issue a license under his seal of office, and signed by himself or his deputy, authorizing such applicant to travel and trade within this state as a hawker or peddler, in the manner stated in the application, for a specified term, not less than six months, nor more than one year, according to the application and duties; and on the expiration of Peddlers to produce license. Citizens may appre hend offen ders; duty of overseers of the poor. Prosecution of offender. any license it shall be renewed, on the like payment of duties and application therefor, upon the same terms. 1 R. S., 1080, §§ 2, 5. § 754. Every person found trading, as described in section 751, who refuses to produce a license therefor to any citizen who demands the same, shall, for each offense, forfeit the sum of ten dollars to the overseers of the poor of the town in which the demand is made, for the use of the poor therein; and every such offender, who, after notice, neglects to pay the above penalty, shall be committed, by the justice before whom the conviction is had, to the county jail for the term of one month. Ib., 1081, § 7. 755. Any citizen may arrest any person who violates sections 753 or 754, and convey him before any justice of the peace in the county. The overseers of the poor in each town shall enforce these provisions, whenever any violation comes to their knowledge. Ib., § 8. § 756. Such justice, if a sufficient license is not produced and if the fact of trading is proved or confessed, shall convict the offender accordingly, and issue his warrant, directed to some constable of the county, commanding him to cause twenty-five dollars, with costs not to exceed five dollars, to be forthwith levied of the goods of the offender. The 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 companies. 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 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. fire § 761. Each such fire company, shall choose a captain and clerk, and may establish such by-laws |