APPENDIX VIM.
 

THE PROVISIONS OF THE NEW YORK CITY CONSOLIDATION ACT
RELATING TO MARSHALS CONTINUED IN FORCE AND MODI¬
FIED BY § 1428 OF THE GREATER NEW YORK CHARTER.

LAWS 1882, Ch. 410.

Chapter XX.

Title 1.—The Marshals-

Appointment.    Terms of office.    Qualifications.

§ 1699. Superseded by §§ 1425-1427 of the Greater New York Charter,
ante.

Bond to he executed hy.

§ 1700. No marshal shall be permitted to enter upon the duties of the
office until he shall execute a bond, with two sufficient sureties, \vho i-hall
be residents of and shall own real estate in the county of New York to
the amount of double the penalty of the bond, to the mayor, aldermen,
and commonalty of The City of New York, in the penal sum of one
thousand dollars, jointly and severally to answer the said mayor, alder¬
men, and commonalty, and any parties that may complain, conditioned
that such marshal shall well and faithfully execute the duties of said office
of marshal without fraud, deceit, or oppression, such sureties to justify
in double the amount of such bond. The said bond shall be delivered to
the mayor of said city for approval, who shall judge of and determine
the competency of the sureties; and should he approve of the same, he
shall note his approval thereon, and shall cause such bond to be filed in
the office of the clerk of the court of common pleas, within ten days
after the same shall have been approved of by him, and he shall either
approve of or reject such bond w^Ithin five days after the same shall have
been presented to him for that purpose.

L. 1862, ch, 484, § 5 (Comp, 1475).

Id,; prosecution of bond,

§ 1701, Any person who shall be aggrieved by any official misconduct
on the part of any marshal, and who may desire to prosecute his official
bond, and who shall have first obtained judgment against such marshal
for official misconduct, may move before a justice of the court of comiaon
pleas, at the chambers thereof, after giving such marshal and his sureties
eight days' previous notice of intention so to do by personal service of
said notice on them, stating when such motion will be made, and of the
papers to be used on such motion, for leave to prosecute such official