tion from military duty, except in case of war, invasion, or insurrection.

History: Enacted March 12, 1872, founded upon § 2 Act March 25, 1853, Stats. 1853, p. 60, and §§ 1, 2 of supplementary Act May 6, 1854, Stats. 1854, p. 42, § 1 Act May 20, 1861, Stats. 1861, p. 585, § 1 Act April 26, 1862, Stats. 1862, p. 465, and § 4 Act March 28, 1864, Stats. 1863-4, p. 256; amended April 1, 1878, Code Amdts. 1877-8, p. 62.

See Kerr's Cyc. Pol. C. for 3 pars. annotation.

123 C. 497, 499, 56 P. 256 (cited).

Disabled firemen, pensions for.-See Hen. G. L., pp. 466, 467. Vacations of firemen.-See Hen. G. L., p. 466.

§ 3338. EXEMPT CERTIFICATE, BY AND TO WHOM ISSUED. Every fireman who has served five years in an organized fire company in this state is an "exempt fireman," and must receive from the chief engineer of the department to which he belongs a certificate to that effect. Every active fireman must have a certificate of that fact signed by the chief of the fire department or the foreman of the company to which he belongs; such certificates must be countersigned by the secretary, and over the seal of the company, if one is provided. Either certificate entitles the holder to exemption from military and jury duty.

History: Enacted March 12, 1872, founded upon §§ 3, 6 Act March 25, 1853, Stats. 1853, p. 60, and supplementary Act May 6. 1854, Stats. 1854, p. 42, § 1 Act May 20, 1861, Stats. 1861, p. 585, § 1 Act April 26, 1862, Stats. 1862, p. 465, §§ 2, 4, 5 Act March 28, 1864, Stats. 1863-4, p. 256.

123 C. 497, 499, 56 P. 256 (construed).

See Kerr's Cyc. Pol. C. § 3337 and note.

Issuing false certificate of exemption, a misdemeanor.-See Kerr's Pocket Pen. C. § 649.

§ 3339. COUNTY CLERK MAY ISSUE EXEMPT CERTIFICATES, WHEN. In lieu of issuing certificates to exempt firemen by the chief of the fire department, as provided in the last section,' on the certificate of the foreman and secretary of any fire company, or the chief of the department, provision being made therefor in the by-laws of the company, "exempt Kerr's Pol. C.-39 1217

certificates" may be issued by the clerk of the county, over his official seal and signature, which entitles the holder to like exemption from military and jury duty.

History: Enacted March 12, 1872, founded upon § 1 Act April 26, 1862, Stats. 1862, p. 465.

§ 3340. SEAL OF DEPARTMENT, WHO TO USE AND KEEP. Every fire department regularly organized may adopt a department seal, having upon it the arms of the state, and the name of the particular fire department to which it belongs, which must be under the control of and for the use of the secretary, and be by him affixed to exempt certificates, certificates of active membership, and such other documents as the by-laws may provide. The secretary of every department having a seal must take the constitutional oath of office and give such bond as the by-laws provide for the faithful performance of his duties.

History: Enacted March 12, 1872, founded upon §§ 1, 2, 3 Act March 28, 1864, Stats. 1863-4, p. 256.

§ 3341. SECRETARY TO KEEP RECORD, AND CERTIFICATE TO BE PROOF. The secretary of the fire department, or fire company, must keep a record of all certificates of exemption or active membership, the date thereof, and to whom issued; and when no seal is provided, similar entries of certificates issued to obtain county clerk's certificates. Every such certificate is prima facie evidence of the facts therein stated.

History: Enacted March 12, 1872, founded upon §§ 4, 6 Act March 28, 1864, Stats. 1863-4, pp. 256-257; amended March 30, 1874, Code Amdts. 1873-4, p. 43.

What is prima facie evidence.-See Kerr's Cyc. C. C. P. § 1833 and note; 6 W. & P. § 5549.

§ 3342. DUTIES OF CHIEF OF FIRE DEPARTMENT. The chief of every fire department must inquire into the cause of every fire occurring in the city or town of which he is the chief, and keep a record thereof; he must aid in the enforcement of all fire ordinances duly enacted, examine buildings

in process of erection, report violations of ordinances relating to prevention or extinguishment of fires, and when directed by the proper authorities, institute prosecutions therefor, and perform such other duties as may be by proper authority imposed upon him. His compensation must

be fixed and paid by the city or town authorities.

History: Enacted March 12, 1872, founded upon §§ 3, 4 Act April 1, 1864, Stats. 1863-4, pp. 299-300.

See Kerr's Cyc. Pol. C. for 2 pars. annotation.

100 C. 260, 263, 34 P. 678 (construed).

Act fixing salaries of officers of fire department in cities of first-class.-Stats. 1897 p. 192.

L.

Compensation in certain cities.-See Hen. G. p. 463. Obstructing efforts, or disobeying orders for extinguishment of fires, a misdemeanor.-See Kerr's Pocket Pen. C. § 385.

§ 3343. CHIEF TO ATTEND FIRES AND PRESERVE PROPERTY. Every chief of a fire department must attend all fires with his badge of office conspicuously displayed, must prevent injury to, take charge of, and preserve all property rescued from fires, and return the same to the owner thereof on the payment of the expenses incurred in saving and keeping the same, the amount thereof, when not agreed to, to be fixed by the police or county judge.

History: Enacted March 12, 1872, founded upon §§ 2, 4, 5, 6 Act April 1, 1864, Stats. 1863-4, pp. 299-300.

100 C. 260, 263, 34 P. 678 (construed). See Kerr's Cyc. Pol. C. § 3335 and note.

Involuntary deposit of property rescued from fire.-See Kerr's Pocket C. C. § 1815 subd. 2, and § 1816.

Punishment for concealing property rescued from fire.-See Kerr's Pocket Pen. C. § 500.

§ 3344. SETTING WOODS ON FIRE. Every person negligently setting fire to his own woods, or negligently suffering any fire to extend beyond his own land, is liable in treble damages to the party injured.

History: Enacted March 12, 1872.

See Kerr's Cyc. Pol. C. 9 pars. annotation.

90 C. 105, 107, 109, 27 P. 55, 56 (construed); 98 C. 268, 270, 33 P.

93, 94 (construed); 142 C. 614, 617, 619, 76 P. 507 (construed); 147 C. 62, 63, 81 P. 292 (construed); 1 C. A. 156, 157, 158, 159, 81 P. 976 (construed).

Act to prevent the destruction of forests on public lands.See Hen. G. L., p. 462.

Liability of private person for setting fires or allowing them to spread.-See 30 A. S. 501.

Liability of railroad company for fires.-See 38 A. D. 70-79. Setting fire to woods, a misdemeanor.-See Kerr's Cyc. Pen. C. § 384 and note.

§ 3345. EXTINGUISHING FIRE IN WOODS. Whenever the woods are on fire, any justice of the peace, constable, or road overseer .of the township or district where the fire exists, may order as many of the inhabitants liable to road poll-tax, residing in the vicinity, as may be deemed necessary, to repair to the place of the fire and assist in extinguishing or stopping it.

History: Enacted March 12, 1872.

CHAPTER XV.

LICENSES.

Article I. General Provisions, §§ 3356-3366.
Classification and taxes, §§ 3376-3387.

II.

§ 3363.

§ 3364.

§ 3365.
§ 3366.

[No section.]

Settlements and payments to be made, when.
Fees for licenses.

License-tax, upon whom may be imposed.

§ 3356. LICENSES TO BE PREPARED AND PRINTED. Each county auditor must prepare and have printed blank licenses of all classes mentioned in this chapter, for terms of three, six, and twelve months, and for such shorter terms as are herein authorized to be issued, with a blank receipt attached for the signature of the tax-collector when sold.

History: Enacted March 12, 1872, founded upon § 2 Act April 17, 1858, Stats. 1858, p. 176, and § 83 Act May 17, 1861, Stats. 1861, p. 446.

See Kerr's Cyc. Pol. C. for 3 pars. annotation.

74 C. 20, 24, 5 A. S. 418, 15 P. 318, 320 (construed). Licenses and license-taxes in general.-See 9 L. 786.

On the nature of a license.-See 10 A. D. 40; 4 L. 809.

Power of state to exact licenses and charges therefor.-See 52 A. D. 331.

What purposes justify the imposition of taxes or assessments. -See 16 A. S. 365.