ascertained with reasonable diligence, the precept must be directed to each known owner, by his name, and, also generally to all persons having an interest in those animals, the owners of which are unknown. In a case specified in this section, a de mand of the possession of an animal seized cannot be made, a prescribed in section 3097 or 3101 of this act, unless it is made with respect to all the animals seized, and by persons entitle to the possession of all of them. But a separate demand may made, as prescribed in section 3098 of this act, by each owner one or more animals seized; in which case, if possession is del livered to him, as prescribed in that section, the petitioner remedy for his damages is the same, with respect to the anim or animals, of which possession is not so delivered, and agains the proceeds of the sale thereof, as if those, whereof possession. is so delivered, had not been trespassing upon the property.

§ 3110. Proceedings in other cases, where there are dif ferent owners.

Where the petitioner does not allege, that the animals seize were trespassing upon real property owned or occupied by hir and different persons own different animals seized, a separa special proceeding may be instituted, as prescribed in this tit against each owner, or against any two or more owners, wi respect to the animals owned by him or them. Or the procee ings may be taken against all the owners jointly; in which ca each person to whom the precept is directed by his name, 2. each person having an interest in an animal seized, has the sam right to demand the possession of the animal owned by him, a the same right to answer separately, as if the special procee ing was against him separately; and the final order may be favor of one or more of the persons so answering, with respe to the animal or animals owned by him or them, and for his their costs; and against the remainder of the persons answering or to whom the precept was directed, or for the sale of the mainder of the animals, in like manner, as if the former pers had not answered, or had not been named in the precept. B the person, first making a demand of the possession of any anim seized, must pay all the costs to the time of the demand; and t person, subsequently making a demand. is excused from payment of any costs, except those which have accrued since former demand.

§ 3111. Surplus where there are different owners.

Where proceedings are taken jointly against different persons who own different animals seized, as prescribed in either of t last two sections, the surplus, remaining in the justice's han must be distributed between them, in proportion to the value the animals owned by each, to be determined by the justice. A owner may claim separately his proportion of the surplus: sections 3093 and 3094 of this act apply to a claim made, ard the disposition of the surplus arising, as prescribed in this sect

§ 3112. When one action, etc., supersedes any other. Where two or more persons, or an officer and a private pers are authorized, by this title, to bring an action, or to seize an 17 mal, and take the proceedings prescribed in this title for the dr position thereof, the commencement of an action, or the seizure the animal, by either of them, supersedes the right of any of the

to bring such an action, or to make such a seizure, with to the animal seized, or in question in the action. But ice may, in his discretion, allow an officer or other

interested in the recovery, or in the application of son

pro

the sale, to appear in the action or special proceeding, for pose of protecting his interest, and to take such part in the ings therein as the justice thinks proper.

3. Rights of officer when private person fails to ate.

e a seizure is made by a private person, as prescribed in e, and the possession of an animal seized is abandoned by thout filing a petition; or where an action, brought by a person, as prescribed in this title, is settled or discontinued laintiff; the officer, to whom a penalty is payable, as prein section 3083 of this act, or in subdivision fourth of sec2 of this act, may, unless he has assented to the abandonettlement, or discontinuance, maintain an action against er of the animal in question, to recover the penalty so to him; and, upon proof of the facts, which would have the plaintiff in the former action, or the petitioner in the proceeding, to recover, he is entitled to judgment accord

. Person having a special property deemed owner. a person is, at the time of the seizure, entitled to the posof an animal, as against the general owner thereof, by a special property therein, he is deemed, for all the purthis title, the owner thereof..

- Agent may act for his principal.

ly authorized agent of the owner or person entitled to the on of an animal, as specified in the last section, may, in name, answer, make any demand, or take any other ng, which the owner or person so entitled may take, as ed in this title..

893

TITLE XI.

Provisions specially relating to courts of justices of the peace in the city of Brooklyn.

Sec. 3116. Justice in sixth district must be an attorney.

3117. Justices' jurisdiction in Brooklyn extended.

3118. Justices to receive salaries in lieu of fees; to account and pay over fees monthly.

4

3119. Clerk; how appointed; salary; bond.

3120. Duties of clerk.

3121. Interpreter for police court, and for first, second and thire districts.

3122. Id.; for fourth and fifth districts.

3123. Id.; for sixth district.

3124. Common council may appoint additional interpreters.

3125. Common council to designate attendants, etc.

3126. When plaintiff may serve complaint with summons; proceedings thereupon.

3127. Jury trial; when and how demanded."

3128. Setting aside default, etc.

3129. Additional costs upon recovery of $100.

3130, Id.; when defendant recovers judgment.

3131. Costs in action by working woman.

3132. Costs upon adjournment.

3133. Application of other provisions. Holding court open.

§ 3116. Justice in sixth district must be an attorney. A person shall not hold the office of justice of the peace for the sixth judicial district of the city of Brooklyn, unless he has been regularly admitted to practice as an attorney and counsellor at law, in the courts of record of the State.

L. 1868, ch. 689, part of § 1. .

§ 3117. Justices' jurisdiction in Brooklyn extended. In addition to the jurisdiction conferred generally by law, upoz the justices of the peace, each justice of the peace of the city of Brooklyn has civil jurisdiction, as prescribed in subdivisions first, second, third, fourth, and seventh of section 2862 of this act. where the sum claimed, or the value of a chattel, or of all the chattels claimed, together with the damages claimed, if any, does not exceed two hundred and fifty dollars.

L. 1871, ch. 492, § 1.

§ 3118. Justices to receive salaries in lieu of fees; to account and pay over fees monthly.

In an action or a special proceeding before a justice of the peace of the city of Brooklyn, costs must be awarded and collected, as in a like action or special proceeding before another justice; bui the justice shall not retain, to his own use, any costs, or any fee. or other reward for his services, except in a special proceeding instituted as prescribed in title second of chapter seventeenth of this act. Each of those justices must, between the first and the tenth days of each month, render to the comptroller of that city an account, verified by his oath, of all costs, fees, fines, penalties and other money, collected or received by him, by virtue of hy office, during the preceding month; except for damages awarded. or costs actually paid to a party to a civil action, or special pro ceeding; costs, actually paid to another officer, in such an action or special proceeding; and such fees, as the justice is entitled t retain to his own use, as prescribed in this section. The justic must pay to the comptroller, at the time of so rendering his ac

he full amount of the money so accounted for. Each of stices is entitled, in lieu of all fees and perquisites, other fees which he is so entitled to retain, to an annual salary, d to be paid as prescribed by law.

1849, ch. 125, §§ 32 and 36, am'd; L. 1850, ch. 102, §§ 15, 18; also, ch. 276, § 1; L. 1871, ch. 492, § 9; L. 1873, ch. 780, 1.

. Clerk; how appointed; salary; bond.

justice of the peace of the city of Brooklyn has a clerk, ominated by the justice, and appointed by him, subject to tion by the common council of that city; and may be rey the justice at his pleasure. Each clerk is entitled, in ll fees and perquisites, to an annual salary, fixed and to as prescribed by law. Each clerk, before entering upon es of his office, must execute to the city of Brooklyn, and e city clerk's office, a bond, in the penalty of two thousand with at least two sureties, approved by a justice of the court, residing in the second judicial district; conditioned aithful performance of his duties as clerk, and for the ac; for, and paying over, as directed by law, of all money by him as clerk. Any paper, which, elsewhere, must or filed with a justice of the peace, must or may, in the city lyn, be filed with the clerk of the proper justice.

862, ch. 337, §§ 1 and 2; L. 1869, ch. 276, and L. 1871, ch. 492, § 9.

. Duties of clerk.

clerk of a justice of the peace of the city of Brooklyn nder the direction of the justice, perform the following

must keep the docket-book, required to be kept by a jusne peace, as prescribed in sections 3140, 3141, and 3142 of must file, carefully preserve, and deliver to his successor every paper, delivered to him to be filed, as prescribed in section.

must certify and furnish, upon request, and payment of prescribed by law therefor, a transcript of any judgment by the justice, or a copy of any record or paper, in his on as clerk. A transcript or copy so certified, has the ect, and must be received in evidence in like manner, as certified by the justice, by or before whom the judgment Hered, or the proceeding was taken.

n the request of a person entitled thereto, he must issue, manner and with like effect as the justice might issue the summons in a civil action brought before the justice; or a à in such an action, or in a civil special proceeding brought he justice; or an execution against property, upon a t rendered by the justice.

he justice is absent, upon the return of a mandate in a ion or special proceeding, or at the time and place to e trial or hearing is adjourned, and the case is not one, is specially prescribed by law, that, if the justice is abother justice of the same city must take cognizance the clerk may, and upon the application of either party, adjourn the cause from time to time, until the justice and thereupon the action or special proceeding does not consequence of the justice's absence. But the cause - be so adjourned, for a longer period than six days, at , except with the consent of both parties.

6. He must account for, under oath, and pay to the comptroller of the city of Brooklyn, between the first and tenth days of each month, all fees, fines, penalties, and other money, collected or received by him as clerk, during the preceding month; except as specified in section 3118 of this act, with respect to the account to be rendered by the justice.

7. He must perform such other duties, not inconsistent with this act, as are required of him by the justice.

See L. 1866, ch. 636.

§ 3121. Interpreter for police court, and for first, second and third districts.

There is an interpreter for the police court of the city of Brooklyn, and the justices courts of the first, second, and third districts of that city, who is appointed, and may be removed st pleasure, by the justices of those courts, or a majority of them. He is entitled to an annual salary, fixed and to be paid as prescribed by law.

§ 3122. Id.; for fourth and fifth districts.

There is an interpreter for the justices' courts of the fourth and fifth districts of the city of Brooklyn, who is appointed, ani may be removed at pleasure, by the justices of the peace of those districts. He is entitled to an annual salary, fixed and to be paid as prescribed by law.

§ 3123. Id.; for sixth district.

There is an interpreter for the justice's court of the sixth dis trict of the city of Brooklyn, who is appointed by the justice of the peace of that district, subject to confirmation by the common council, and may be removed by that justice at his pleasure. He is entitled to an annual salary, fixed and to be paid as prescribed by law.

L. 1873, ch. 780, § 2.

§ 3124. Common council may appoint additional interpreters.

The common council of the city of Brooklyn may, where deems it necessary, upon the request of a justice, appoint one o more interpreters for justices' courts in that city, in addition to those provided for in the last three sections; fix their salaries; an: prescribe the court or courts which they must attend. An officer. so appointed, may be removed by the common council, for cause, L. 1875, ch. 623.

§ 3125. Common council to designâte attendants, etc. The common council of the city of Brooklyn may designate one or more policemen, or constables, to attend each of the justices courts in that city. The common council may, by ordinance otherwise, fix and define their duties in and about those courts and may allow them such compensation, in lieu of all fees and per quisites, as it deems proper.

L. 1850, ch. 102, 8. 17: and L. 1855. ch. 514, § 3.