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. New. § 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 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. New. 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 ani. mal, 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. New. § 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 subdivi sion 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. New. 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. New. 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. New. 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. SEC. 3118. Justices to receive salaries in lieu of fees; to account and pay over fees monthly. 3119. Clerk; how appointed; salary; bond. 3120. Duties of clerk. 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 thereupon. 3127. Jury trial; when and how demanded. 3123. 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, upon 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. Geraty r. Reid, 78 N. Y. 64; s. c., 13 Hun, 313; Douglas v. Reilly, 8 id. 85. 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; 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 comp troller, at the time of so rendering his account, the full amount of the money so accounted 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. See L. 1849, ch. 125, 32 and 36, amended; L. 1850, ch. 102, 13, 18; also, L. 1869, ch. 276, 1; L. 1871, ch. 492, 19; L. 1873, ch. 780, §1. $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 pleas ure. 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 Brocklyn, 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. See L. 1862, ch. 337, § 1 and 2; L. 1869, ch. 276, and L. 1871, ch. 492, ¡ 9. 3120. Duties of clerk.- Each clerk of a justice of the peace of the city of Brooklyn must, under the direc tion 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 subpœna in such an action, or in a civil special proceeding brought before the justice; or an execution against property, upon a judgment 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 and 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, unti! 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. New; but see L. 1866, ch. 636. § 3121. Interpreter for police court, and for first, second and third districts.-There is an interpreter for |