Section 78. Penalties under any of the four preceding sections may be recovered in tort in the name of the chief engineer and appropriated to expenses of the fire department of the district, or on complaint or indictment to the use of the commonwealth. If the chief engineer dies, resigns or removes during the pendency of such action, it shall not abate, but his successor shall be admitted to prosecute it. Residence in the district shall not disqualify a judge, juror or officer in such action.
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