Information to be furnished by holders of permits. $772. All persons or corporations who shall be required to have and obtain permits shall furnish such information as may be required, touching the condition of any building and the business. therein proposed to be conducted, preliminary to obtaining such permits. L. 1882, ch. 410, § 464. Fines and penalties. $773. Any person, persons, or corporations, for the violation of, or non-compliance with, any of the several provisions of the several sections of this title, when the penalty is not therein specially provided, shall severally forfeit and pay a fine or penalty in the sum of fifty dollars for each and every offense, or shall forfeit and pay the penalties respectively imposed under any of said sections, and shall also be severally liable for any costs or expenses that may be incurred by any violation of, or noncompliance with, any requirement under said sections, and shall also be severally liable for the payment of the further penalty of the sum of fifty dollars for any violation of, or noncompliance with, any regulation, order or special direction issued by said commissioner, or for failure to attend and testify as required by any subpoena issued, as authorized under this chapter. Said commissioner may, in his discretion, pay a portion. of a fine, or penalty, when collected, not to exceed one-half thereof, to any person giving information of any such violation. All suits and proceedings authorized by this title, or to recover any penalty for the violation of or failure to comply with any law or any rule, regulation, order or requirement of, or made pursuant to the provisions of any law, the enforcement of which is charged upon said department or any of the several bureaus thereof, shall be brought by and in the name of the fire commissioner of The City of New York, but no fees or costs shall be demanded of said department in any such suit or proceeding. Any person who shall wilfully violate, or neglect or refuse to comply with any provision or requirement of this title, or any regulation, order or special direction duly made thereunder, shall also be guilty of a misdemeanor. L. 1882, ch. 410, § 465. TITLE 4. FIRE MARSHALS AND INVESTIGATION OF ORIGIN OF FIRES. Sec. 779. Investigation of fires, etc. 780. Fire marshals may enter buildings to examine them. 781. Id.; to trace the cause of fires; arrest of suspected persons. 782. Id.; may compel attendance of witnesses. 783. Id.; commissioner may supervise investigations by. Investigation of fires, etc. $779. The fire commissioner is hereby authorized to appoint and remove a fire marshal for the boroughs of Manhattan, The Bronx and Richmond, and a fire marshal to be seated in Brooklyn and to exercise his powers within the boroughs of Brooklyn and Queens. Said fire marshals shall, within such boroughs, respectively, to which they may be assigned, have and possess all the powers heretofore conferred by law upon the fire marshal of the corporation heretofore known as the mayor, aldermen and commonalty of The City of New York. The salary of each of said fire marshals shall be three thousand dollars a year. The fire commissioner, himself or by said. marshals, is hereby authorized and empowered to investigate, examine and inquire into the origin, details and management of fires in the city, and also of any supposed cases of violations of any of the provisions of this chapter, or of any of the several regulations, orders or special directions issued by the fire commissioner for the purpose of the discovery of any delinquency in the non-performance of duty or violation of discipline on the part of any officer, agent or employe of said fire department, or any supposed cases of arson or incendiarism, which may be brought to his notice; and said fire commissioner in and about any examination, investigation or inquiry before him or his marshals, touching any matter or thing therewith connected, may subpoena and compel the attendance of any person or persons, and the production of any books, papers, archives or documents in his or their possession, or under his or their control, in the judgment of the fire commissioner connected with and necessary to such examination, investigation or inquiry, before him or his marshals, at the time and place therein named; and for the purpose aforesaid, the corporation counsel may, at any time, obtain to be issued subpoenas out of the supreme court, attested under the name of a justice of said court, in like form and with like effect as though issued by said justice in any action pending in a court of record, and said subpoena may be served, and proof of such service may be made, in the same manner as now by law provided for the service of subpoenas out of said court; and upon proof of service and proof of non-compliance, failure to attend and testify on the part of any person or persons, as required by said subpoena, or failure or refusal on the part of any person or persons to produce any such books, papers, archives or documents, in his or their possession, or under his or their control, or a failure or refusal on his or their part to answer any question put to him or them, and pertinent thereto, upon any examination, inquiry, or investigation as aforesaid, application may be made before any justice of said court, who shall, in case he shall decide such question pertinent and proper to be answered, thereupon cause to be arrested, and may punish as for a contempt of the orders of said court, the person or persons named in said subpœna, and in such case the laws, rules, and proceedings relating to punishment for contempts, and usual in said court, or before any justice thereof, shall be applicable thereto. Said commissioner and fire marshals, in conducting any examination or inquiry as aforesaid, are hereby authorized to administer any oath or affirmation in the matter, and any false swearing under said oath or affirmation thus administered shall be perjury, and punishable as such in such manner as now provided under the laws applicable thereto; and said examination or investigation may be continued and adjourned by the said commissioner or fire marshal conducting the same, from time to time, and at such time and place as shall be designated, and any person subpoenaed as aforesaid shall attend and testify upon said adjourned day or days, and at the time and place designated, and of which they shall have been notified, as though the same had been named in said subpoena, and with like effect as to any failure to appear and answer under the requirements therein contained; provided, that any testimony or evidence taken as aforesaid shall be for the information and instruction of said fire commissioner in the discharge of his duties, and in the prevention of future fires, and the protection of property, and shall be carefully lept in the archives and possession of said fire department, and shall in no manner be used in any criminal proceeding or action, but may be placed before any grand jury in said City of New York. Such investigations in relation to the subject matter hereinabove defined within the boroughs of Brooklyn and Queens, shall be carried on by the deputy commissioner and fire marshal seated in the borough of Brooklyn, under the direction of said fire commissioner. L. 1882, ch. 410, § 466. Fire marshals may enter buildings to examine them. $780. It shall be the duty of a marshal or his officers and agents, when authorized by him in writing so to do, to enter into any build ing or premises within said city for the purpose of examining, or causing to be examined, the stoves and pipes thereto, ranges, furnaces and heating apparatus of every kind whatsoever, including the chimneys, flues, and pipes with which the same may be connected, engine-rooms, boilers, ovens, kettles, and also all chemical apparatus or other things which in his opinion may be dangerous in causing or promoting fires, or dangerous to the firemen or occupants in case of fire; and upon finding any of them defective or dangerous, or in any manner exposed ΟΙ liable to fire from any cause, he shall report the same to the commissioner, who may thereupon issue orders or special directions, either printed or written, directing the owner or occupant to alter, remove, or remedy the same in such manner and within such reasonable time as may be necessary, and in respect thereto may authorize and direct the use of such materials and appliances as shall be deemed proper and necessary; and in case of neglect or refusal so to do within the time prescribed by such orders or directions, such fire marshal, under the direction of said commissioner, shall cause said alteration, removal or other necessary act or work to be done and the expense thereof shall be charged to the party so offending, to be sued for and recovered in the manner herein provided for the recovery of fines and penalties under this chapter. L. 1882, ch. 410, § 467. Id.; § 781. It shall be the duty of a fire marshal to examine into the cause, circumstances, and origin of fires occurring in said city, by which any building, vessels, vehicles, or any valuable personal property shall be accidentally or unlawfully burned, destroyed, lost or damaged, wholly or partially; and to especially inquire and examine whether the fire was the result of carelessness or the act of an incendiary. Such fire marshal shall take the testimony, on cath, of all persons supposed to be cognizant of any fact or to have means of knowledge in relation to the matters herein required to be examined and inquired into, and cause the same to be reduced to writing, verified and transmitted to the fire commissioner with his report in writing, embodying his opinion and conclusions in relation to the matter investigated. Such fire marshal shall report in writing to the fire department, to the police department, to the district attorney, to the New York board of fire underwriters, to the owners of property, or other persons interested in the subject matter of investigation, any facts and circumstances which he may have ascertained by such inquiries and investigations which shall, in his opinion, require attention from or by either of said departments, officers or persons; and it shall be the duty of such fire marshal, whenever he shall be of opinion that there is evidence sufficient to charge any person with the crime of arson, to cause such person to be arrested and charged with such offense, and furnish to the district attorney all the evidences of guilt, with the names of witnesses, and all the information obtained by him, including a copy of all pertinent and material testimony taken in the case; and he shall specially report to the fire commissioner, as often as such commissioner shall require, his proceedings, and the progress made in all prosecutions for arson, and the result of all cases which are finally disposed of. L. 1882, ch. 410, § 468. (a) The fire marshal has all the power concerning investigations as to the origin of fires in the city conferred upon the superintendent of police by L. 1852, ch. 332, § 1, am'd L. 1857, ch. 569, § 37, and also the authority conferred upon the metropolitan fire marshal by L. 1868, ch. 563. Harris v. The People, 64 N. Y. 148. Id.; may compel attendance of witnesses. § 782. A fire marshal shall have power to issue a notice in the nature of a subpoena, in such form, and subscribed in such manner as the fire commissioner shall prescribe, to compel the attendance of any person as a witness before him, to testify in relation to any matter which is, by the provisions of this title, a subject of inquiry and investigation by the said marshal. The said marshal shall be, and is hereby authorized to administer and verify oaths and affirmations to persons appearing as witnesses before him; and false swearing in any matter or proceeding aforesaid shall be deemed perjury and shall be punishable as such. Upon the presentation of satisfactory proof of due service of any such notice in the nature of a subpoena, upon any such witness, and of a failure by such witness to obey the same, it shall be the duty of the fire commissioner to make an order that the said witness be arrested and brought before said marshal, to testify what such witness may now in relation to the subject-matter of inquiry. Such order may be executed by any member of the police force, by arresting and Lringing such witness before the said marshal, but such witness. shall not be detained longer than is necessary to take such testimony. The fire marshals shall have authority at all times of the day or night, in performance of the duties imposed by the provisions of this title, to enter upon and examine any building or prem |