the borough where the conviction is had, there to remain until such surety be found or such offender be discharged according to law, or he shall sentence such offender to imprisonment in the penitentiary, for a term not exceeding six months or until such offender gives the security as hereinbefore provided or is discharged according to law. Upon the trial or hearing of all complaints for any or either of the offenses hereinbefore referred to, the wife shall be a competent witness therein against her husband, as to all matters embraced in said complaint. Actions on bonds in abandonment proceedings. § 687. Any suit, action or proceeding brought or instituted upon any bond or recognizance given in pursuance of the preceding section shall be brought and prosecuted by and in the name of the commissioner for the borough in which such bond or recognizance was given, and all moneys recovered in any suit, action or proceeding shall be paid to such commissioner to be by him applied and expended for the support of the wife and children, or either or any of them, of the person against whom the order mentioned and provided for in section six hundred and eighty-five of this act shall have been made. If the person charged with the offenses hereinbefore recited or either of them is admitted to bail, the undertaking of his bail shall be for the future appearance of the defendant according to the terms of the undertaking, or that the bail will pay to the commissioner of the borough in which such proceeding is had, a specified sum in the event of such failure to appear, or if such person deposits a sum of money as directed by law instead of giving an undertaking of bail for his future appearance, and if such person shall thereafter fail to appear in accordance with the terms of said undertaking or the terms upon which the money was deposited, then the said magistrate shall enter the fact of said person's non-appearance upon the minutes and the undertaking of his bail or money deposited instead of bail shall thereupon be forfeited. Recoveries in abandonment proceedings. § 688. When such an undertaking is forfeited, an action may be brought in the name of the commissioner for the borough in which such proceeding is had to recover the amount specified in such undertaking, and the amount recovered in said action shall be applied and expended for the support of the wife and children, or either or any of them, of the person charged with the offenses hereinbefore recited or either or any of such offenses, and when any money has been deposited instead of bail and which shall have been for feited as hereinbefore provided, said money shall be paid to the commissioner, by the person with whom the said sum of money is deposited, upon presenting to him a certificate from the city magistrate certifying to the forfeiture thereof, which said certificate shall state the name of the person making the deposit, when it was made, the name of the defendant, and that the said sum of money was forfeited on account of the defendant's failure to appear as directed, and shall be signed by said magistrate. Appeals in abandonment proceedings; costs. § 689. An appeal to the court of general sessions may be taken from a conviction before a city magistrate under this chapter within the county of New York, or to the county court in any other county which is wholly or partly within The City of New York as constituted by this act, which said appeal shall be conducted under and in accordance with the provisions of the code of criminal procedure of the state of New York, except that the judge allowing the appeal must take from the defendant a written undertaking in such sum and with such sureties as he may approve, that defendant will abide the judgment of the appellate court upon the appeal, and will pay all costs which may be awarded against him, and except that all notices required by said code of criminal procedure to be served upon the district attorney upon such appeal shall be served upon the commissioner for the borough in which the conviction from which such appeal is taken was had, and the commissioner may appear by clerk or counsel upon the hearing of such appeal. The court must award costs to the party in whose favor the appeal is determined, as follows, besides disbursements: To the appellant upon reversa!, thirty dollars; to the respondent upon affirmance, twenty-five dollars. When awarded to the appellant they must be paid by the comptroller of The City of New York, on the delivery to him of a certified copy of the order of reversal, and must be charged to the contingent account of the commissioner for the borough in which conviction so reversed was had. When awarded to the respondent the payment of costs may be enforced as in a civil action, and in an action brought therefor against the sureties upon the undertaking given on the allowance of the appeal, the production of a certified copy of the order of affirmance shall be conclusive evidence. CHAPTER XIV. DEPARTMENT OF CORRECTION. Sec. 694. Jurisdiction; salary; regulations; subordinate officers. 695. Institutions under the jurisdiction of the commissioner. 696. Transfer of inmates to Riker's Island and Hart's Island. 697. Powers of commissioner over criminals and misdemeanants. 698. Classification of criminals and misdemeanants; instruction. 699. Record of inmates of institutions. 700. Employment of inmates; articles manufactured; cultivation of lands. 701. Detail of inmates to work in department of public charities. 702. Hours of labor; discipline. 703. Accounts; annual estimate; expenditures. 704. Advertisements for supplies. 705. Requisitions and reports of subordinate officers. 706. Collection of fines. 707. Commitment of disorderly persons and vagrants. 708. Superintendent of the workhouse; reports. 709. Record of persons committed. 710. Term of detention to be fixed by commissioner. 711. Discharge of persons committed. 712. Transfer of inmates by commissioner. 713. Alteration and repair of buildings. 714. Additional gifts to be given to inmates on discharge. Jurisdiction; salary; regulations; subordinate officers. § 694. The head of the department of correction shall be called the commissioner of correction. He shall be appointed by the mayor and shall hold office, as provided in chapter four of this act. His salary shall be seven thousand five hundred dollars a year. The commissioner shall have power to establish rules and regulations for the administration of the department and the government of the institutions under his control. He shall have full and exclusive jurisdiction over the several institutions hereinafter specified which are situated or may hereafter be established within The City of New York, as constituted by this act. He shall have his principal office in the borough of Manhattan and a branch office in the borough of Brooklyn. He may establish such other branch offices as he may deem necessary. He shall have power to appoint and at will to remove a deputy and such additional deputies and assistant deputies as the board of estimate and apportionment and the municipal assembly may from time to time. authorize, and to assign them to duty in such borough or boroughs as he deems proper; and at least one of such deputies shall be assigned to the branch office in the borough of Brooklyn. He shall also have power within the limits of his appropriation to appoint and at will to remove such superintendents, wardens and other subordinate officers and assistants as may be necessary for the efficient performance of the duties of the department. Each deputy so appointed shall during the absence or inability of the commissioner possess all the powers and perform all the duties of such commissioner within the borough or boroughs to which he is assigned. The commissioner may delegate to the superintendent or warden in charge of any institution in the department the power to appoint and remove subordinate officers or assistants in such institutions. See § 104, ante, and cases cited under § 662, ante. Institutions under the jurisdiction of the commissioner. $695. The commissioner shall have jurisdiction over and it shall be his duty to take charge of and manage all institutions for the care and custody of criminals and misdemeanants which belong to or are hereafter acquired by The City of New York as constituted by this act, except all jails and places for the detention of prisoners or persons charged with crime as are under the charge of the sheriff or the police department. The commissioner shall also have charge of such other institutions belonging to the city as may be hereafter placed under his jurisdiction by the municipal assembly. Whenever the state authorities shall have caused the inmates of the lunatic asylum on Hart's island to be removed elsewhere and shall have vacated the buildings now on said island occupied by said asylum, the said buildings with the grounds thereto appertaining shall become and be under the charge and control of the department of correction; provided, however, that the burial of deceased paupers shall be continued on said island under regulations established by the joint action of the departments of public charities and of correction, or in case of disagreement between said departments, under such regulations as may be established by the mayor of the city. L. 1895, ch. 912, § 5. Transfer of inmates to Riker's Island and Hart's Island. $696. The commissioner, whenever, in his judgment, it is expe dient and practicable to do so, may cause to be removed to Riker's island, and in case Hart's island shall have been placed under the charge and control of the department of correction, as in section six hundred and ninety-five of this act provided, then also to Hart's island, the inmates of the workhouse and of the penitentiary on Blackwell's island; and he may direct such removals to be made, from time to time, as accommodation for the said inmates may be provided upon Riker's island and Hart's island or elsewhere within The City of New York. And whenever in consequence of such removals or otherwise any of the buildings theretofore occupied or used for said workhouse or penitentiary shall have become vacant, such building or buildings with the grounds thereto appertaining shall be transferred to the department of public charities. And whenever any of the said buildings or grounds shall have been so transferred, the commissioner of correction shall have no further rights, duties or obligations in respect to such building or buildings or grounds, but it or they shall thereafter be included in and appertain to the department of public charities of The City of New York, and shall be under the jurisdiction of the commissioner of charities for the boroughs of Manhattan and The Bronx. Powers of commissioner over criminals and misdemeanants. $697. The commissioner shall have all the authority concerning the care, custody and disposition of criminals and misdemeanants which the commissioner of correction of the corporation known as the mayor, aldermen and commonalty of The City of New York, or which the board of charities and correction for the city of Brooklyn and county of Kings, as formerly constituted, had at time of the taking effect of this act; and he shall discharge the same duties and be subject to the same obligations in respect to such persons as the said commissioner and board, respectively, except in so far as the same are inconsistent with or are modified by this act. The commissioner shall have no authority and be subject to no obligation in respect to any destitute person not charged with or convicted of crime or misdemeanor. Classification of criminals and misdemeanants; instruction. § 698. It shall be the duty of the commissioner to cause all the criminals and misdemeanants under his charge to be classified as far as practicable, so that youthful and less hardened offenders shall not be rendered more depraved by the association with and evil example of older and more hardened offenders. The commissioner may establish and maintain such schools or classes for the instruction and |