others to bring such an action, or to make such a seizure, with respect to the animal seized, or in question in the action. But the justice may, in his discretion, allow an officer or other person, who is interested in the recovery, or in the application of the proceeds of the sale, to appear in the action or special proceeding, for the purpose of protecting his interest, and to take such part in the proceedings therein as the justice thinks proper. § 3113. Rights of officer when private person fails to prosecute. Where a seizure is made by a private person, as prescribed in this title, and the possession of an animal seized is abandoned by him, without filing a petition; or where an action, brought by a private person, as prescribed in this title, is settled or discontinued by the plaintiff; the officer, to whom a penalty is payable, as prescribed in section 3083 of this act, or in subdivision fourth of section 3092 of this act, may, unless he has assented to the abandonment, settlement, or discontinuance, maintain an action against the owner of the animal in question, to recover the penalty so payable to him; and, upon proof of the facts, which would have entitled the plaintiff in the former action, or the petitioner in the special proceeding, to recover, he is entitled to judgment accordingly. § 3114. Person having a special property deemed owner. When a person is, at the time of the seizure, entitled to the possession of an animal, as against the general owner thereof, by virtue of a special property therein, he is deemed, for all the purposes of this title, the owner thereof. § 3115. Agent may act for his principal. The duly authorized agent of the owner or person entitled to the possession of an animal, as specified in the last section, may, in his own name, answer, make any demand, or take any other proceeding, which the owner or person so entitled may take, as prescribed in this title. 893 TITLE XI. Provisions specially relating to courts of justices of the peace in the city of Brooklyn. Sec. 3116. Repealed, 1902. See the Municipal Court Act of New York city. 3117. Repealed, 1902. See the Municipal Court Act of New York city. 3118. Repealed, 1902. See the Municipal Court Act of New York city. 3119. Repealed, 1902. See the Municipal Court Act of New York city. 3120. Repealed, 1902. See the Municipal Court Act of New York city. 3121. Interpreter for police court, and for first, second and third 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. Repealed, 1902. See the Municipal Court Act of New York city. 3127. Repealed, 1902. See the Municipal Court Act of New York city. 3128. Repealed, 1902. See the Municipal Court Act of New York city. 3129. Repealed, 1902. See the Municipal Court Act of New York city. 3130. Repealed, 1902. See the Municipal Court Act of New York city. 3131. Repealed, 1902. See the Municipal Court Act of New York city. 3132. Repealed, 1902. See the Municipal Court Act of New York city. 3133. Application of other provisions. Holding court open. $3116. Repealed, 1902. See the Municipal Court Act of New York city. $3117. Repealed, 1902. See the Municipal Court Act of New York city. § 3118. Repealed, 1902. See the Municipal Court Act of New York city. $3119. Repealed, 1902. See the Municipal Court Act of New York city. $3120. Repealed, 1902. See the Municipal Court Act of New York city. § 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 at 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. L. 1870, ch. 607. § 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, and 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. L. 1871, ch. 331. § 3123. Id.; for sixth district. There is an interpreter for the justice's court of the sixth district 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 it deems it necessary, upon the request of a justice, appoint one or more interpreters for justices' courts in that city, in addition to those provided for in the last three sections; fix their salaries; and 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 designate 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 or otherwise, fix and define their duties in and about those courts. and may allow them such compensation, in lieu of all fees and perquisites, as it deems proper. L. 1850, ch. 102, § 17; and L. 1855, ch. 514, § 3. § 3126. Repealed, 1902. See the Municipal Court Act of New York city. $3127. Repealed, 1902. See the Municipal Court Act of New York city. 3128. Repealed, 1902. See the Municipal Court Act of New York city. 3129. Repealed, 1902. See the Municipal Court Act of New York city. 3130. Repealed, 1902. York city. § 3131. Repealed, 1902. York city. See the Municipal Court Act of New See the Municipal Court Act of New § 3132. Repealed, 1902. See the Municipal Court Act of New York city. $3133. Application of other provisions. open. Holding court Each justice of the peace of the city of Brooklyn is a justice of the peace of Kings county; and each provision of this act, relating to the proceedings before a justice of the peace of a town, applies to the proceedings before a justice of the peace of that city, except as otherwise specially prescribed in this title. Each of those justices must hold his court open, from nine o'clock in the morning, until three o'clock in the afternoon. See L. 1849, ch. 125, §§ 35 and 36; L. 1850, ch. 102, § 18; L. 1871, ch. 492, # 8; L. 1873, ch. 863, part of § 16. TITLE XII. Miscellaneous provisions Sec. 3134. Mode of application of certain provisions of this act. 3138. Penalty. claim, etc. 3139. Violation of preceding sections a defence of action. 3140, 3141. Docket-book to be kept by justice, entries tuerein. 3143. Papers to be filed. 3144. Deposit of books and papers with town or city clerk. 3145. Certificate in docket-book deposited. 3146. Town or city clerk to demand books, etc., upon death, etc., o justice. 3147. Delivery; how compelled. 3148. Entries to be evidence. 3149. Justice to furnish copies of papers. 3150. Transfer of action when justice's term expires, etc. 3151. Id.; when justice is a witness. 3152. Proceedings upon transfer. 3153. Penalty for not paying over money. 3154. Action on judgment of justice. 3155. Id.; proof of judgment, etc. 3156. Execution of mandate by private person. 3157. Constable to execute mandates in person. 3158. Sheriff to act where execution of mandate is resisted. § 3134. Mode of application of certain provisions of this act. Where a provision of this act, not contained in this chapter, is made applicable to proceedings before a justice of the peace, the application is subject to the qualification, that it does not include any thing, which is repugnant to any special provision of law, regulating the jurisdiction or powers of a justice of the peace, or the proceedings before him. Where a provision, thus made applicable, relates to the filing of a paper in a court, or with a clerk, the paper must, in an action or special proceeding before a justice of the peace, be filed with the justice, unless he has a clerk appointed pursuant to law; and where it confers a power upon a court or a judge, the provision, making it applicable to proceedings taken under this chapter, is to be construed, as conferring a like power upon the justice, before whom the action or special proceeding is brought. 3135. General requisites of mandates. A mandate, issued by a justice of the peace, must be signed by him, and may be without seal. It must be entirely filled up, at the time when it is delivered to an officer to be executed, so as to have no blank, either in the date thereof or otherwise; except thar there may be a blank in a subpoena for the name of any or all of the witnesses. A mandate, issued and delivered to an officer to be executed, contrary to this section, is void. 2 R. S. 267, §§ 232 and 233 (2 Edm. 275). § 3136. Reward to constable forbidden. A constable shall not ask or receive any money or other valnable thing from any person, as a consideration, reward, or inducement for omitting or delaying to arrest a person, or to take him to jail, or to sell property, by virtue of an execution, or to execute any other duty, pertaining to his office; or any money or valuable thing, other than the fees expressly allowed to him by law, for executing any duty pertaining to his office. 2 R. S. 267, § 234. § 3137. Justice or constable not to buy claim, etc. A justice of the peace or constable shall not, directly or indirectly, buy, or be interested in buying, a bond, note, or other demand or cause of action, for the purpose of bringing an action or instituting a special proceeding before a justice founded thereupon; nor shall a justice or a constable, either before or after an action or a special proceeding is commenced, lend or advance, or agree to lend or advance, or procure to be lent or advanced, any money or other valuable thing to any person, in consideration of, or as a reward for, or an inducement to, the placing or having placed in his hands, a debt or other demand or cause of action, for prosecution or collection. Id., § 235. § 3138. Penalty. A justice of the peace or constable who violates a provision of the last three sections, is guilty of a misdemeanor; and shall be punished accordingly. A conviction also operates as a forfeiture of his office. Id., § 236. §3139. Violation of preceding sections a defence to action. It is a defence to an action, brought before a justice of the peace, that the demand, upon which it is founded, was bought and sold, or received for prosecution, contrary to the foregoing provisions of this title. In an action wherein such a defence is interposed, if the plaintiff, after being duly subpoenaed as a witness, fails to attend, pursuant to the subpoena; or if, upon the trial, or upon his examination as a witness by virtue of a commission, he refuses to answer any question pertinent to show a violation of either of those provisions; the justice, besides punishing him, in a proper case, for his faflure or refusal, must dismiss his complaint. The testimony, in such an action, of the plaintiff, or any other witness, is not evidence, in a criminal prosecution against him, for violating either of those provisions. Id., § 237-242. ¡ 8140. [Am'd, 1899.] Docket-book to be kept by Justice; entries therein. A justice of the peace must keep a docket-book, in which he must enter: 1. The title of every action or special proceeding commenced before him. 2. The time when the summons, or the mandate for the commencement of the special proceeding, was issued: with a statement of the nature of the mandate, and a memorandum of each order of arrest, warrant of attachment, or requisition to replevy, granted by him. 3. The time when the parties appeared before him, either without process, or upon the return of the summons. or of the mandate for the commencement of the special proceeding. 4. A concise statement of the substance of each oral pleading, or a memorandum of the filing of each written pleading. |