the seizure and detention. The justice must thereupon make a final order, awarding to the person so answering, the return of the animal or animals so seized, or the value thereof if a return cannot be had; together with his costs, at the rates allowed by law in an action brought before him to recover a chattel; and, also, twice the sum assessed as his damages, if any. Thereupon a warrant must be issued by the justice to a constable, to the same effect, as an execution issued, in an action to recover a chattel, upon a judgment in favor of the defendant, where the chattel has not been delivered to him; and each provision of this chapter, relating to a judgment and an execution in such a case, applies to a final order made, and a warrant issued thereupon, as prescribed in this section.

§ 3097. At any time after the precept is issued, and before the commencement of the trial, the owner of any animal seized may file with the justice a written demand of the possession thereof. Thereupon he is entitled to the possession, upon complying with the following terms:

1. He must pay to the justice, for the use of the petitioner, the costs of the proceedings, to the time of filing the demand, as prescribed in subdivision first of section three thousand and ninety-two of this act, and, also, the sums payable on account of each animal, whereof possession is so demanded, as prescribed in subdivision third of the same section; which sums must be fixed by the justice, after hearing the allegations and proofs of the parties.

2. He must also pay to the justice, a fee of one dollar for each animal, whereof possession is so demanded.

3. If the petitioner is an officer, to whom a fine or penalty is to be paid for the benefit of the poor, as prescribed in section two thousand eight hundred and seventy-five of this act, the claimant must also pay to the jus tice, for the petitioner's use, the sum specified therein on account of each animal, whereof possession is so demanded.

4. The claimant must also prove, to the satisfaction of the justice, by affidavit or other competent evidence, that he is the owner of each animal, whereof possession is so demanded. Each person who has appeared must have notice of, and may oppose, the claim.

§ 3098. But where, in a case specified in the last section, the person filing a demand, presents therewith to the justice sufficient proof, by affidavit or otherwise, that the running at large, herding, pasturing, or trespassing, by reason whereof the animal or animals, of which he demands possession, were seized, was caused by the wilful act, intended to effect that object, of a person other than the owner; and also makes the proof speci fied in subdivision fourth of that section; he is entitled to possession, pursuant to his demand, upon paying to the petitioner, or to the justice for his use, a reasonable sum, to be fixed by the justice, after hearing the allega. tions and proofs of the parties, as compensation for the care and keeping of the animal or animals, whereof possession is so demanded, and without paying any other sum, specified in the last section.

§ 3099. The owner of an animal, seized in consequence of a wilful act specified in the last section, may recover, in an action against the person who committed it, all damages sustained by him, in consequence thereof, including the sum paid in order to recover possession of the animal, as prescribed in the last section; and, in addition thereto, the sum of twenty dol lars for each animal seized.

§ 3100. Where the possession of an animal has been delivered, as pre scribed in the last section but one, an action may also be maintained, by the

petitioner in the special proceeding before the justice, against the person who committed the wilful act, to recover, in addition to all other damages sustained by the plaintiff in consequence of the wilful act, all sums, to which the plaintiff would have been entitled out of the proceeds of the sale, as prescribed in section three thousand and ninety-two of this act, other than the compensation paid for the care and keeping of the animal. In the like case, if the petitioner is a private person, the officer, to whom a fine or penalty is to be paid for the benefit of the poor, as prescribed in section two thousand eight hundred and seventy-five of this act, may maintain an action against the person, who committed the wilful act, to recover the penalties to which the plaintiff whould have been entitled, out of the proceeds of the sale, as prescribed in that subdivision. Neither of the actions speci fied in this or the last section is affected by the pendency of, or the recovery of judgment in, either of the others.

§ 3101. A person, entitled to demand the possession of an animal, as prescribed in section three thousand and ninety-seven of this act, who did not appear upon the return of the precept, or upon the trial, may file, with the justice, a written demand of the possession, at any time after the final order, and not less than three days before the time appointed for the sale; and, thereupon, he is entitled to the possession, upon complying with the following terms:

1. He must furnish, by affidavit or other competent evidence, a sufficient excuse, to the satisfaction of the justice, for his failure to appear.

2. He must, in all respects, comply with the provisions of section three thousand and ninety-seven of this act; except that it is necessary for him to pay only one half of the justice's fee, as prescribed in subdivision second of that section; and one half of the fees payable to the petitioner, for the seizure of each animal, as prescribed in subdivision third of section three thousand and ninety-two of this act.

§ 3102. Where a demand for the return of the possession of an animal is filed, as prescribed in either of the last five sections, the justice must, at the request of either party thereto, make, and enter in his minutes, an order determining the same. An appeal from such an order may be taken to the county court, by the person making the demand, or by either party to the special proceeding, at any time before the final order in the special proceeding is made; and each person or party so entitled to appeal, must be made a respondent upon an appeal taken by one of the others. The appeal must be taken in like manner, as an appeal from a judgment of the justice in an action to recover a chattel; and the proceedings thereupon are the same, except as otherwise prescribed in the next section.

§ 3103. An appeal from an order, specified in the last section, is not effectual for any purpose, unless the appellant procures from the county judge an order, directing a stay of the proceedings upon the petition, and a stay of the execution of the order appealed from, and files it with the justice, within the time allowed for the appeal. The order may be granted or refused, in the discretion of the county judge, or granted upon such terms, as to security or otherwise, as he thinks proper; and it may be vacated or modified, either absolutely, or unless further security is given, in his discretion.

3104. Within ten days after a final order upon a petition is made, as prescribed in this title, an appeal therefrom may be taken by the petitioner, or by the person answering, in like manner as an appeal from a judgment of the justice in an action to recover a sum of money, equal to the value of

the animal or animals, and the proceedings thereupon are the same, except as otherwise prescribed in the next section.

3105. An appeal from a final order, taken as prescribed in the last section, by the person answering, is not effectual for any purpose, unless the appellant files, with the notice of appeal, an order of the county judge, or, if he is absent from the county, of a justice of the supreme court, reciting that the appeal has been perfected, and that security has been given thereupon, as prescribed in this section, and directing a stay of proceedings upon the final order appealed from, and that the possession of the animal or animals seized be delivered to the appellant. The order can be made, only where an undertaking is given by the appellant, as required for the purpose of perfecting an appeal from a judgment, and staying the execution thereof; and also an undertaking, in the same or another instrument, to the effect that, if the final order appealed from is affirmed, or if the appeal is dismissed, the appellant will pay all sums which the justice awards against him, upon the hearing, after the determination of the appeal, as prescribed in the next section, not exceeding a sum specified therein; which must be, at least, twice the amount of all the sums, which might be deducted from the proceeds of the sale, as prescribed in section three thousand and ninety-two of this act. The sum must be fixed, and the undertaking must be ap proved, by the judge who grants the order. Upon filing the order with the justice, the appellant is forthwith entitled to the possession of the animal or animals seized.

3106. If the final order appealed from is affirmed, upon an appeal taken by the person answering, the county court must appoint a time and place, at which the justice must fix the sums payable by the appellant, pursuant to his undertaking. The justice may adjourn the hearing to another place, and to another time, not exceeding three days after the time so appointed. The justice must fix the sums so payable, as if a warrant for the sale of the animals seized had been returned, and the proceeds thereof paid to him by the constable, as prescribed in section three thousand and ninety-tw of this act. The undertaking upon the appeal enures to the benefit of each officer, to whom any sum is payable, as prescribed in that section; and, with respect to any of those sums, the respondent is a trustee for the offi cer entitled thereto.

§ 3107. Where an animal is seized, upon the ground that it was running at large, or was being herded or pastured, or was trespassing, contrary to the provisions of this title; and the officer or other person making the seizure, immediately files his petition, and diligently prosecutes the same, as prescribed in this title; an action to recover the animal so seized, or to recover damages for the seizure, or for any act subsequent thereto, must be commenced within one year after the cause of action accrues,

§ 3108. A person, to whom the precept was directed by his name, and who was personally served therewith, or a person who has appeared and answered in the special proceeding, or demanded the return of any animal seized, cannot maintain an action against the officer or other person seizing an animal, or a person acting by his command, or in his aid, in a case specified in the last section. But, except as specified in this section, the owner of an animal seized or detained, under color of any provision of this title, may maintain an action to recover the animal, or its value, or damages for the seizure or detention, or for any unlawful act subsequent thereto, if, in fact, the animal was not, at the time of the seizure, running at large, or being herded or pastured, or trespassing, as the case may be, as specified in the foregoing provisions of this title.

§ 3109. For the purpose of determining the damages sustained by the petitioner, where two or more animals are found simultaneously trespassing upon real property, owned or occupied by him, all the damage done by all the animals seized, is to be regarded as done by them jointly; and the petitioner's remedy therefor is entire, and must be enforced against all the animals, and the proceeds of the sale thereof. Where different persons, who are known, own different animals seized, the precept must be directed to all of them by their names. If one or more of the owners are known, and the others are unknown, and cannot be 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 demand of the possession of an animal seized cannot be made, as prescribed in section three thousand and ninety-seven or three thousand one hundred and one of this act, unless it is made with respect to all the the animals seized, and by persons entitled to the possession of all of them. But a separate demand may be made, as prescribed in section three thousand and, ninety-eight of this act, by each owner of one or more animals seized; in which case, if possession is delivered to him, as prescribed in that section, the petitioner's remedy for his damages is the same, with respect to the animal or animals, of which possession is not so delivered, and against the proceeds of the sale thereof, as if those, whereof possession is so delivered had not been trespassing upon the property.

§ 3110. Where the petitioner does not allege, that the animals seized were trespassing upon real property owned or occupied by him, and different persons own different animals seized, a separate special proceeding may be instituted, as prescribed in this title, against each owner, or against any two or more owners, with respect to the animals owned by him or them. Or the proceedings may be taken against all the owners jointly; in which case, each person to whom the precept is directed by his name, and each person having an interest in an animal seized, has the same right to demand the possession of the animal owned by him, and the same right to answer separately, as if the special proceeding was against him separately; and the final order may be in favor of one or more of the persons so answering, with respect to the animal or animals owned by him or them, and for his or their costs; and against the remainder of the persons answering, or to whom the precept was directed, or for the sale of the remainder of the animals, in like manner, as if the former persons had not answered, or had not been named in the precept. But the person, first making a demand of the possession of any animal seized, must pay all the costs to the time of the demand; and a person, subsequently making a demand, is excused from the payment of any costs, except those which have accrued since the former demand.

§ 3111. Where proceedings are taken jointly against different persons, who own different animal seized, as prescribed in either of the last two sections, the surplus, remaining in the justice's hands must be distributed between them, in proportion to the value of the animals owned by each, to be determined by the justice. Any owner may claim separately his proportion of the surplus; and sections 3093 and 3094 of this act apply to a claim made, and to the disposition of the surplus arising, as prescribed in this section.

3112. Where two or more persons, or an officer and a private person, are authorized, by this title, to bring an action, or to seize an animai, and

take the proceedings prescribed in this title for the disposition thereof, the commencement of an action, or the seizure of the animal, by either of them, supersedes the right of any of the 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. 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, with out 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 offcer, to whom a penalty is payable, as prescribed in section three thousand and eighty-three of this act, or in subdivision fourth of section three thousand and ninety-two 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. 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. 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.

TITLE XI.

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

Brooklyn.

§ 3116. 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.

3117. In addition to the jurisdiction conferred generally by law, upon justices of the peace, each justice of the peace of the city of Brooklyn has