vious commitment of such person for either of said offenses, the name of the magistrate by whom and the offense for which such last previous commitment was made, and the period of detention under such last previous commitment.

L. 1896, ch. 886, § 2.

Record of persons committed.

§709. It shall be the duty of the commissioner to keep a book or books in which shall be properly recorded the names of all persons committed under section seven hundred and seven of this act, and all other facts which shall be certified to him by the superintendent of the workhouse as herein required. Such book or books are hereby declared to be public records and shall be open to public inspection, and shall be indexed and kept so as to show whether any person committed, as prescribed by this chapter, has been previously committed within two years next preceding such commitment for any of the causes herein specified.

L. 1896, ch. 886, § 3. See § 699, ante.

Term of detention to be fixed by commissioner.

$710. Within three days after the commitment of any person as herein provided, it shall be the duty of the commissioner to ascertain from the aforesaid records whether such person has been committed to the workhouse, after April fourth, eighteen hundred and ninety-five, and within two years next preceding the date of such commitment for public intoxication, disorderly conduct or vagrancy, and to make a written order specifying the date at which such person shall be discharged, as follows, namely: In the case of a person who has not previously been committed for any one of the offenses herein specified within two years next preceding the date of his last commitment, and after April fourth, eighteen hundred and ninetyfive, the said order shall direct that such person shall be discharged at the expiration of five days from the date of his commitment; in the case of a person who has been committed once before within the period of two years next preceding the day of his commitment and after April fourth, eighteen hundred and ninety-five, for any of the offenses herein specified, the said order shall direct that such person shall be discharged at the expiration of twenty days from the date of his commitment; and in the case of a person who has been committed more than once during the two years next preceding the date of his commitment, and after April fourth, eighteen hundred and ninety-five, for any of the offenses herein specified, the said order shall direct that such person be discharged at the expiration

of a period equal to twice the term of his detention under the last previous commitment, but, not in any event, exceeding six months; provided, however: First, that in case of a person committed upon conviction of vagrancy, the said order may direct that the said person shall be discharged at the expiration of a period to be fixed by the commissioner and stated therein, not exceeding six months and not less than the period of detention above specified for first and subsequent commitments, as the case may be. Second, that whenever the period of detention of any such person under his last previous commitment shall have exceeded the period of detention provided for by this section (either by reason of his detention on failure to furnish surety for his good behavior, or by reason of the action of the commissioner upon a conviction of vagrancy), then such excess of detention under his last previous commitment shall not be considered by the commissioner in determining the date of his discharge under the existing commitment. The date of any order made pursuant to this section and the name of the person whose period of detention is fixed thereby, and the period of detention. therein specified shall be entered in the records required to be kept by section seven hundred and nine of this act, and the said order shall forthwith be transmitted to the superintendent of the workhouse. Upon the expiration of the term of detention specified. therein, and upon the discharge of the person named therein it shall be the duty of such superintendent forthwith to return such order, with a written certificate endorsed thereon specifying the date of the discharge of the person named therein, to the commissioner who shall preserve the same as a public record.

L. 1896, ch. 884, § 4.

Discharge of persons committed.

$711. In any case where the period of detention, as fixed by the commissioner shall exceed twenty days, and shall be less than one hundred and sixty days, the magistrate who signed the last warrant of commitment may, after the expiration of twenty days, direct the discharge of any person so committed, but no such order or mandate shall be granted by any magistrate except upon the written certificate of the commissioner specifying the period of detention. fixed by him for the person so committed, and upon an affidavit setting forth facts which, in the opinion of the said magistrate, shall justify such discharge. The said affidavit and certificate shall be filed and preserved with the complaint upon which such person was last convicted. Upon any subsequent commitment, under section seven hundred and seven of this act, of a person so discharged, the

commissioner shall fix the period of detention of such person at the term for which he would have been detained under the existing commitment if no such order or mandate had been granted.

L. 1896, ch. 886, § 5.

Transfer of inmates by commissioner.

$712. The commissioner may transfer and commit and cause to be transferred and committed from the workhouse to the city prison, penitentiary or to any other of the institutions in the department, any person committed to the workhouse under section seven hundred and seven of this act, whenever such transfer shall be necessary for the proper care and management of such city prison, penitentiary or other institution or for the proper employment of such person. The commissioner may also transfer and commit and cause to be transferred from the workhouse to the city prison or penitentiary, any person committed to the workhouse under section seven hundred and seven of this act, whenever, by reason of the number of offenders actually detained in such workhouse at any time, there shall not be accommodation therein for all the persons committed thereto; and in like manner the commissioner may transfer prisoners from one penitentiary to another penitentiary within the department, or from one district prison to another district prison within the department, whenever it may be necessary to prevent overcrowding. The commissioner may also transfer and commit or cause to be transferred and committed from the city prison to the workhouse to be detained and employed therein any person who shall have been duly committed to the city prison.

L. 1896, ch. 886, § 6.

Alteration and repair of buildings.

$713. Whenever the increase of inmates in or the proper care and government of the institutions in the department shall, in the judgment of the commissioner, render it necessary or expedient, he shall have power to enlarge or alter the building or buildings occupied by such institutions; and he shall also have power to make all needful repairs to such buildings and appurtenances thereto, provided that an appropriation has been made therefor. The commissioner shall, when practicable, cause the work of such alterations or repairs to be done by persons confined in such institutions.

Additional gifts to be given to inmates on discharge.

$714. In addition to the donations, provided by the general laws of the state, to be given to inmates of penal institutions upon their discharge, the commissioner of corrections shall donate to each. inmate serving a term longer than three years the sum of five dollars upon his discharge.

CHAPTER XV.

FIRE DEPARTMENT.

TITLE I. ORGANIZATION, DUTIES AND POWERS OF OFFICERS AND

MEN.

2. FIRES AND THEIR EXTINCTION.

3. PREVENTION OF FIRES; EXPLOSIVES AND COMBUSTIBLE

MATERIALS.

4. FIRE MARSHALS, AND INVESTIGATION OF ORIGIN OF

FIRES.

5. RELIEF FUND AND PENSIONS.

6. TAX UPON FOREIGN INSURANCE COMPANIES.

TITLE 1.

ORGANIZATION, DUTIES AND POWERS OF ITS OFFICERS AND MEN.

Scc. 720. Fire commissioner; salary.

721. Deputies.

722. Consolidation of departments; volunteer departments.

723. Treasurer.

724. Powers.

725. Horses, apparatus, etc., to be provided.

726. To control and manage property, etc.

727. Bureaus.

728. Selection of subordinates.

729. Location of fire alarm telegraph, etc.; penalty for interference

therewith.

730. Business offices; seal.

731. Suits and actions.

732. Members of force to decline nominations to office.

733. Uniforms and badges.

734. Qualifications of force.

735. Resignations and absences.

736. Military and jury duty; arrest.

737. Warrants of appointment.

738. Oaths of office.

739. Discipline, etc.

740. Grades, ranks, and salaries of officers and members of the uni

formed force.

Fire commissioner; salary.

§ 720. The head of the fire department shall be the fire commissioner. He shall be appointed by the mayor and hold office as provided in chapter four of this act. The salary of the fire commissioner shall be seven thousand five hundred dollars a year.

See § 105, ante.

Deputies.

$721. The fire commissioner shall appoint a deputy commissioner, who shall be seated at the office of the fire department in the borough of Brooklyn, through whom such business, duties and powers of the fire department in the boroughs of Brooklyn and Queens shall be conducted, performed and exercised, as may be directed by the fire commissioner.

Consolidation of departments; volunteer departments.

$722. The officers and members of the uniformed force and legally appointed firemen in the corporation formerly known as the mayor, aldermen and commonasty of The City of New York, and in the city of Brooklyn and in the city of Long Island City, are hereby made members of the fire department of The City of New York, as hereby constituted, and shall be assigned to duty therein by the fire commissioner, with the rank and grade now held by them, respectively, as nearly as may be practicable. The paid fire department system shall, as soon as practicable, be extended over the boroughs of Queens and Richmond, by the fire commissioner, and thereupon. the present volunteer fire departments now maintained therein shall be disbanded. Any real property and likewise any apparatus, equipment or other personal property owned or used by said volunteer forces which may be deemed useful or necessary for the use of the fire department, shall, upon the extension of the paid system to the boroughs of Queens and Richmond, respectively, be purchased by the fire commissioner at the reasonable value thereof. In the meantime, and until the said paid fire department shall be extended over said territory as herein provided, said volunteer fire companies shall continue to discharge the duties for which they have been associated or incorporated, and said companies shall receive from the city such sums as are now awarded to them by the villages or towns in which they are respectively located. Whenever hereafter the paid fire department shall be extended into any part of the territory of The City of New York, as hereby constituted, in which now or hereafter there shall exist a volunteer fire department, such members of said volunteer fire department in said locality