hereafter incur, under any of the provisions of this chapter; but no such penalty shall be remitted until the violation shall have been removed. Said superintendent is further authorized in his discretion to remit any costs allowed or obtained in any penalty suit or any other action or proceeding instituted under the provisions of this article. § 655. When violation is a misdemeanor.—Any person who shall receive and fail to comply with any written peremptory order of the superintendent of buildings issued only when an immediate compliance with such order is essential to the public peace or safety, within the time specified in such order, shall be guilty of a misdemeanor.) (Amend. by ord. effective Nov. 29, 1915.) NOTES This act being beneficial should be liberally construed to attain the object intended. N. Y. Fire Dept. v. Buhler, 35 N. Y. 177. A statute limiting height of certain buildings held valid exercise of police power. People ex rel. Kemp v. D'Oench, 111 N. Y. 359. (B. C., sec. 150, rev. from L. 1882, ch. 410, § 505, as amend.) An inspector of a department has no power to change the plans and specifications as fixed by the head of the department. Health Dept. v. Hamm, 4 Misc. 602, 34 N. Y. Supp. 730. Nor will the approval of a minor official, as to a change, be a defense to an action to recover a penalty. Fire Department v. Buhler, 35 N. Y. 177; Fire Department N. Y. v. Buffum, 2 É. D. Smith, 511. Excavation.-Where a party is excavating next to a building it is incumbent upon him to request permission to enter upon the adjoining property to support the adjoining wall, and the adjoining owner will not lose the benefit of the statute because he did not tender such license. Dorrity v. Rapp, 72 N. Y. 307. And the builder must protect the adjoining building not only during such excavating, but have the adjoining wall as stable after as before excavating. Bernheimer v. Kilpatrick, 53 Hun, 316; 6 N. Y. Supp. 858. But to impose such obligation on the builder the adjoining owner must grant a proper license. Sherwood v. Seaman, 2 Bosw. 127. And where such license has been given the builder will have a reasonble time to finish the wall, although the license may be revoked by the adjoining owner. Ketchum v. Newmann, 116 N. Y. 422. But the provision requiring an owner excavating below ten feet to protect his neighbor's wall does not apply to one excavating in a street under a contract with the municipal authorities. Jencks v. Kenny, 19 N. Y. Supp. 243; 28 Abb. N. C. 154. See also Cohen v. Simmons, 21 N. Y. Supp. 385, app. 142 N. Y. 671; McKenzie v. Hatton, 141 N. Y. 8; Blanchard v. Savarese, 97 App. Div. 58; New York Steam Co. v. Foundation Co., 123 App. Div. 254; Foster v. Zampieri, 140 App. Div. 471. Where an excavation is only carried 9 ft. the defendant must still pay for cost of protecting adjoining building as the intention was to go 10 ft. or more. Wear v. Koehler, App. Term Sup. Ct. N. Y. Law Journal, Dec. 29, 1914. Signs.-Ordinance limiting height sustained People ex rel. Publ. Leasing Co. v. Ludwig, 218 N. Y. 540 (aff. 172 App. Div. 71); Southern Leasing Co. v. Ludwig, 217 N. Y. 100. For cases on ordinances in general see cases cited after chapter 28. CHAPTER 6 Charities Article 1. Inmates of public institutions. ARTICLE 1 INMATES OF PUBLIC INSTITUTIONS Sec. 1. Applications for admission; investigation of. § 2. Classification and instruction. Sec. 1. Application for admission; investigation of.—The commissioner of public charities shall investigate the circumstances of every person admitted to an institution under his charge, and of the near relatives of such person. Such investigation shall be made, when practicable, before the admission of the person, and the results of the investigation shall be placed on file and preserved with the records of the department. (Charter, § 663.) § 2. Classification and instruction.-The commissioner shall cause all the inmates of institutions under his charge to be classified, at the time of their admission so far as practicable, upon the basis of previous character and conduct, but such inmates may be transferred or reclassified in accordance with their conduct in the institution. The commissioner, within the limits of his appropriation, may establish and maintain in the public institutions under his charge such schools or classes for the instruction and training of inmates, as may in his opinion be desirable. Teachers employed to teach the physically or mentally defective children in institutions subject to the supervision of said commissioner shall receive the same rate of compensation for their services as is now or may hereafter be paid to teachers of similar classes in the public schools of the city. (Charter, § 663.) §3. Libraries.-The commissioner is empowered to provide in the several institutions within his jurisdiction sufficient space for the purposes of a library for the inmates. He is authorized to accept contributions of books, pamphlets and periodicals, from persons disposed thus to aid in the betterment and welfare of the inmates of the institutions of the department. All such contributions shall be recorded and catalogued; an account shall be kept thereof, and a report concerning the same shall be made at least once in each calendar year. (Ord. June 27, 1911.) §4. Employment and discipline. 1. Employment.-Every inmate of an institution of the department, whose age and health will permit, shall be employed in cultivating the ground under the control of the commissioner, or in manufacturing such articles as may be required for ordinary use in the public institutions under his control or for the use of any other department of the city, or in preparing and building sea walls upon islands or other places belonging to the city, or in such mechanical or other labor as shall be found upon examination to suit the capacity of the individual. The articles raised or manufactured by such labor shall be subject to the order of, and shall be placed under the control of the commissioner, and all such articles shall be utilized so far as practicable in the public institutions under his charge or of some other department of the city. All the land under the jurisdiction of the commissioner, not otherwise occupied or utilized, and which is capable of being cultivated, shall, in his discretion, be used for agricultural purposes. The hours of labor required of any pauper or other person committed to or placed under the charge of the commissioner shall be fixed by him. (Charter, §§ 663 and 682, in part.) 2. Discipline. In case any pauper under the control of the commissioner shall neglect or refuse to perform the work allotted to him or her, or shall violate the rules and regulations of the institution of which he or she is an inmate, the superintendent of the institution shall report such insubordination or violation to the commissioner, who may thereupon direct the punishment of such pauper by solitary confinement and by being fed on bread and water; but only for such length of time as the commissioner may consider necessary. In case any pauper shall neglect to perform the work assigned to him or her, or be guilty of any such violation on three or more separate occasions, the commissioner may cause the delinquent to be brought before the proper court or magistrate, and such court or magistrate may commit the accused to the workhouse or penitentiary as a disorderly person. (Charter, § 682.) CHAPTER 7 Corrections Article 1. Inmates of correctional institutions. ARTICLE 1 INMATES OF CORRECTIONAL INSTITUTIONS Sec. 1. Classification and instruction. § 2. Libraries. § 3. Employment. § 4. Manufacturing fund. § 5. Details of inmates to other departments. § 6. Discipline. 7. Records. Sec. 1. Classification and instruction.-The commissioner of correction shall cause all the criminals and misdemeanants under his charge to be classified, so far as practicable, so that the youthful and less hardened offenders shall not be rendered more depraved by the association with and evil example of older and more hardened offenders. He may establish and maintain such schools or classes for the instruction and training of the institution under his charge, as may be authorized by the board of estimate and apportionment. And, to this end, the commissioner may set apart one or more of the penal institutions for the custody of such youthful and less hardened offenders, and he is empowered, in his discretion, to transfer such offenders thereto and from any other of the penal institutions of the city and, when so transferred, to classify them so far as practicable with regard to age, nature of offense, or other fact, and to separate or group such offenders according to such classification, so far as practicable. (Charter, § 698, in part.) § 2. Libraries. The commissioner is empowered to set aside in the city prison, and in any other place in which persons are held for infractions of the law pending determination by a court, a sufficient space for the purposes of installing a library for the inmates. The commissioner is authorized to accept contributions of books, pamphlets and periodicals from persons who may be disposed thus to aid in the betterment and welfare of the inmates of institutions of the department. All such contributions shall be recorded and catalogued; an account thereof shall be kept, and a report concerning the same shall be made at least once in each calendar year. (Ord. June 27, 1911.) §3. Employment.-Every inmate of an institution under the charge of the commissioner, whose age and health will permit, shall be employed in quarrying or cutting stone, or in cultivating land under the control of the commissioner, or in manufacturing such articles as may be required for ordinary use in the institutions under his control, or for the use of any department of the city, or in preparing and building sea walls upon islands or other places belonging to the city, upon which public institutions now are or may hereafter be erected, or in public works carried on by any department of the city, or at such mechanical or other labor as shall be found, upon examination, to be suited to the capacity of the individual. The hours of labor required of any inmate of any institution shall be fixed by the commissioner. The articles raised or manufactured by such labor shall be subject to the order of and shall be placed under the control of the commissioner, and shall be utilized in the institutions under his charge or in some other department of the city. All the lands under the jurisdiction of the commissioner not otherwise occupied or utilized, and which are capable of cultivation, may be used for agricultural purposes. (Charter, § 700, parts 701, 702.) § 4. Manufacturing fund. In accordance with subdivision 2 of § 23 of article 2A of chapter 26 of the Laws of 1909, as amended by chapter 247 of the Laws of 1913, and in accordance with subdivision 19 of § 20 of article 2A of the same law, the establishment of a fund to be known as "Manufacturing Fund, Department of Correction," is hereby authorized and the Comptroller is authorized and directed to place in such fund all money received or realized through the sale of articles manufactured by the department. He is hereby authorized to charge against such fund any voucher received from the department for the purchase of materials, supplies and equipment to be used in its manufacturing industries. The Comptroller is hereby further authorized and directed to transfer to the general fund of the City, at the end of each calendar year, any sums remaining in said manufacturing fund in excess of $75,000. Adopted April 20, 1920. Approved April 24, 1920. 85. Details of inmates to other departments. At the request of the heads of the administrative departments of the city (who are hereby empowered to make such request), the commissioner may detail and designate any inmate of any institution in his charge to perform work, labor and services in and upon the grounds and building or in and upon any public work or improvement under the charge of such other department. And such inmates, when so employed, shall at all times be under the personal oversight and direction of a keeper of the department of correction, but no inmate of any correctional institution shall be employed in a ward of any hospital, except hospitals in penal institutions, while such ward is being used for hospital purposes. The provisions of this ordinance or of any law requiring advertisement for bids or proposals, or the awarding of contracts, for work to be done or supplies to be furnished for any of said departments, shall not be applicable to public work which may be done, or to the supplies which may be furnished under the provisions of the prison law. (Charter, § 701.) §6. Discipline.-In case any person confined in any institution of the department shall neglect or refuse to perform the work alloted to him by the officer in charge of such institution, or shall willfully violate the rules and regulations established by the commissioner, or shall resist and disobey any lawful command, or in case any such person shall offer violence to any prison officer or to any other pris |