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. Where several animals are trespassing, damages are entire. Proceedings in such cases. 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 3097 or 3101 of this act, unless it is made with respect to all 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 3098 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. Proceedings in other cases, where there are different owners. 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. Surplus where there are different owners. Where proceedings are taken jointly against different persons, who own different animals seized, as prescribed in either of the last two วง 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. When one action, etc., supersedes any other. 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 animal, 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 of 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. Courts of Justices of Peace superseded by Municipal Court, see §§ 1350-1384, Gr. N. Y. Char. (ch. 378 of 1897). § 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 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. 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. (Repealed.) 3117. Justices, jurisdiction in Brooklyn extended. (Repealed.) 3118. justices to receive salaries in lieu of fees; to account and pay over fees monthly. (Repealed.) 3119 Clerk; how appointed; salary; bond. (Repealed.) 3120. Duties of clerk. (Repealed.) 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. When plaintiff may serve complaint with summons; proceedings 3127. Jury trial; when and how demanded. (Repealed.) 3129. Additional costs upon recovery of $100. (Repealed.) 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. From ch. 689 of 1868, part of § 1. Repealed by ch. 580 of 1902. In effect Sept. 1, 1902. § 3117. Justices' jurisdiction in Brooklyn extended. 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 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. From ch. 492 of 1871, § 1. Repealed by ch. 580 of 1902. In effect Sept. 1, 1902. § 3118. Justices to receive salaries in lieu of fees; to account and pay over fecs 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; but 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 his office, during the preceding month; except for damages awarded, or costs actually paid to a party to a civil action, or special proceeding; costs, actually paid to another officer, in such an action or special proceeding; and such fees as the justice is entitled to retain to his own use, as prescribed in this section. The justice must pay to the comptroller, at the time of so rendering his account, the full amount of the money so ac counted for. Each of those justices is entitled, in lieu of all fees and perquisites, other than the fees which he is so entitled to retain, to an annual salary, fixed and to be paid as prescribed by law. From parts of ch. 125 of 1849, §§ 32, 36, as amended by ch. 102 of 1850, §§ 15 and 18; ch. 276 of 1869, § 1; ch. 492 of 1871, § 9, and ch. 780 of 1873, § 1. Repealed by ch. 580 of 1902. In effect Sept. 1, 1902. § 3119. Clerk; how appointed; salary; bond. Each justice of the peace of the city of Brooklyn has a clerk, who is nominated by the justice, and appointed by him, subject to confirmation by the common council of that city; and may be removed by the justice at his pleasure. Each clerk is entitled, in lieu of all fees and perquisites, to an annual salary, fixed and to be paid as prescribed by law. Each clerk, before entering upon the duties of his office must execute to the city of Brooklyn, and file in the city clerk's office, a bond, in the penalty of two thousand dollars, with at least two sureties, approved by a justice of the supreme court, residing in the second judicial district; conditioned for the faithful performance of his duties as clerk, and for the accounting for, and paying over, as directed by law, of all money received by him as clerk. Any paper, which, elsewhere, must or may be filed with a justice of the peace, must or may, in the city of Brooklyn, be filed with the clerk of the proper justice. From ch. 337 of 1862, §§ 1 and 2; ch. 276 of 1869, and ch. 492 of 1871, § 9. Repealed by ch. 580 of 1902. In effect Sept. 1, 1902. § 3120. Duties of clerk. Each clerk of a justice of the peace of the city of Brooklyn must, under the direction of the justice, perform the following duties: 1. He must keep the docket-book, required to be kept by a justice of the peace, as prescribed in sections 3140, 3141, and 3142 of this act. 2. He must file, carefully preserve, and deliver to his successor in office, every paper, delivered to him to be filed, as prescribed in the last section. 3. He must certify and furnish, upon request, and payment of the fees prescribed by law therefor, a transcript of any judgment rendered by the justice, or a copy of any record or paper, in his possession as clerk. A transcript or copy so certified, has the same effect, and must be received in evidence in like manner, as if it was certified by the justice, by or before whom the judgment was rendered, or the proceeding was taken. 4. Upon the request of a person entitled thereto, he must issue, in like manner and with like effect as the justice might issue the same. a summons in a civil action brought before the justice; or a subpoena in such an action, or in a civil special proceeding brought before the justice; or an execution against property, upon a judg ment rendered by the justice. 5. If the justice is absent, upon the return of a mandate in a civil action or special proceeding, or at the time or place to which the trial or hearing is adjourned, and the case is not one, where it is specially prescribed by law, that, if the justice is absent, another justice of the same city must take cognizance thereof, the clerk may, and upon the application of either party, he must adjourn the cause, from time to time, until the justice attends; and thereupon the action or special proceeding does not abate, in consequence of the justice's absence. But the cause shall not be so adjourned, for a longer period than six days, at one time, 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 the 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. From ch. 636 of 1866. Repealed by ch. 580 of 1902. In effect Sept. 1, 1902. § 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. From ch. 607 of 1870. § 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. From ch. 331 of 1871. § 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. From ch. 780 of 1873, § 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. от From ch. 623 of 1875. § 3125. Common council to designate attendants, etc. The common council of the city of Brooklyn may designate one 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. From ch. 102 of 1850, § 17, and ch. 514 of 1855, § 2. § 3126. When plaintiff may serve complaint with summons; proceedings thereupon. In an action brought in a justices' court of the city of Brooklyn, to recover upon or for the breach of a contract express or implied, the |