is delivered to him, as prescribed in that section, the peti tioner'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 auy 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 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 three thousand and ninety-three and three thousand and ninety-four 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 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 applica

tion of the proceeds of the sale, to appear in the action r special proceeding, for the purpose of protecting his inte est, and to take such part in the proceedings therein, as the justice thinks proper.

3113. Where a seizure is made by a private person, s prescribed in this title, and the possession of an anim seized is abandoned by him, without filing a petition: where an action, brought by a private person, as prescribe: in this title, is settled or discontinued by the plaintiff; the officer, to whom a penalty is payable, as prescribed in se tion three thousand and eighty-three of this act, or in subdivision fourth of section three thousand and ninety-two 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 Brook

*See note to § 3215.

for the purposes specified in the next section, examine or cause to be examined, under his direction, all inventories and accounts of guardians filed since the first day of February of the preceding year. The examination may be made by the clerk of the surrogate's court, or by a person specially appointed by the surrogate to make it, who must, before he enters upon the examination, subscribe and take before the surrogate, and file with the clerk of the surrogate's court, an oath faithfully to execute his duties, and to make a true report to the surrogate. Where the surrogate seasonably certifies in writing to the board of supervisors, or in the county of New York, to the board of aldermen, that the examination required by this action cannot be made by him, or by the clerk of the surrogate's court, or by any clerk, employed in his office and paid by the county, the board must provide for the compensation of a suitable person to make the examination.

§ 2845. If it appears to the surrogate, upon an examination made as prescribed in the last section, that a general guardian of an infant's property, appointed by letters issued from his court, has omitted to file his annual inventory or account, or the affidavit relating thereto, as prescribed in the last section but one; or if the surrogate is of the opinion, that the interest of the ward requires that the guardian should render a more full or satisfactory inventory or account; the surrogate must make an order, requiring the guardian to supply the deficiency, and also, in his discretion, requiring the guardian personally to pay the expense of serving the order upon him. Where the guardian fails to comply with such an order, within three months after it is made; or where the surrogate has reason to believe that sufficient cause exists for the guardian's removal, the surrogate may, in his discretion, appoint a fit and proper person special guardian of the ward, for the purpose of filing a petition in his behalf, for the removal of the guardian, and prosecuting the necessary proceedings for that pur pose.

2846. Upon the petition of the general guardian of an 4 Dem. 145, infant's person or property; or of the infant; or of any relative or other person in his behalf; the surrogate, upon notice to such persons, if any, as he thinks proper to notify may make an order, directing the application, by the guardian of the infant's property, to the support and education of the infant, of such a sum as to the surrogate seems prorer, out of the income of the infant's property; or, where the income is inadequate for that purpose, out of the principal.

§ 2847. Am'd 1890.] A written petition, duly verified, praying for the judicial settlement of the account of a general guardian of an infant's property, and that he may be cited to attend the settlement thereof, may be presente to the surrogate's court, in either of the following cases

1. By the ward, after he has attained his majority.

2. By the executor or administrator of a ward, who has died.

3. By the guardian's successor, including a guardian appointed after the reversal of a decree, appointing the person so required to account.

4. By a surety in the official bond of a guardian whose letters have been revoked; or by the legal representative of such surety. Citation under this subdivision must be directed to both the guardian and the ward.

§ 2848. [Am'd 1881.] A petition, for the judicial settlement of the account of a general guardian of an infant's person, may be presented, as prescribed in the last section. or by the general guardian of the infant's property; but upon the presentation thereof, proof must be made, to the surrogate's satisfaction, that the guardian so required to account has received money or property of the ward, for which he has not accounted; or which he has not paid or delivered to the general guardian of the infant's property; and a guardian of the estate only of a minor shall be, for the purposes of this chapter, deemed a general guardian.

§ 2849. [Am'd 1893.] A guardian may present to the surrogate's court a written petition, duly verified, praying for a judicial settlement of his account and a discharge from his duties and liabilities, in any case where a petition for a judicial settlement of his account may be presented by any other person as prescribed in either of the last two sections. The petition must pray that the person who might have so presented a petition, and also the sureties in his official bond of such guardian or the legal representatives of such surety may be cited to attend the settlement.

$3122. 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.

§ 3123. 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.

$ 3:24. 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.

3125. 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.

6 Misc. 145.

§ 3126. In an action brought in a justice's court of the $$ 1346, 1348, city of Brooklyn,* to recover upon or for the breach of a Consol. Act. contract express or implied, the plaintiff may serve upon 149. the defendant, with the summons, and in like manner, a copy of a written complaint, verified in like manner as a verified pleading in the supreme court. In that case, unless the defendant, upon the return of the summons; or, if the cause has been adjourned by the clerk, as prescribed in subdivision fifth of section three thousand one hundred and twenty of this act, at the time to which it was adjourned; files a written answer, verified in like manner, denying one or more material allegations, or, generally, each allega. tion of the complaint, or setting forth new matter, con stituting one or more defences or counterclaims, the justice must render judgment in favor of the plaintiff, for the sum claimed in the complaint, with costs, without putting the plaintiff to any proof. The provisions of this section apply, where the action is against two or more defendants jointly indebted, and the summons and a copy of the complaint are served upon one or more, but not upon all of them; in which case, judgment may be taken, as prescribed in this section, against all the defendants, in like manner and with like effect, as a judgment taken as prescribed in section three thousand and twenty

of this act.

$3127. In an action in a justice's court of the city of Brooklyn,* a trial by jury is waived, unless a party de* See note to § 3215.