Appendix VIII.                              ion

bond in his own name, and such leave shall be granted upon it appearing
siitisfaetorily to such court:

1.  That a judgment has been obtained in his favor against such mar¬
shal for official misconduct, specifying the time when and the court
whereby such judgment was rendered, and the amount thereof,

2.  That transcript of such judgraent has been filed in the office of the
cJerk of the city and county of New York, specifying the tirae wlien such
transcript was filed and execution issued, and that said sheriff iias
returned said execution wholly or partly unsatisfied, after having
demanded payment thereof of such marshal; and his neglect or refusal
to pay the same, and if any payments have been made on such execution,
specifying the amount thereof, but where such marshal shall have died or
removed from the county, a demand for the payment of the amount of
such execution shall not be necessary.

3.  That such judgment is wholly or partly unpaid, specifying the
amount uncollected or unpaid, and that the sureties have been served
with the notice  and papers hereinbefore  mentioned.

Id., § 6  (Comp, 1476).

(a) The sureties on a marshal's bond are not liable until after a valid
judgment has been recovered against their principal. In re Brasier, 2
How. Pr,   (N. S.)   154.

Id.; in what court bond may be prosecuted.

§ 1702. Such justice may order such bond to be prosecuted in any of
the district courts or in the marine court, and either of said courts shall
have jurisdiction In actions brought on such bond, upon such leave being
granted, and the said justice upon said motion may award the aggrieved
party his reasonable costs on such motion, not exceeding the sum of ten
dollars, which shall be included in the judgment obtained upon such
bond.

Id., § 7 (Comp, 1476),    See Moog v, Kehoe, 42 Hun, 494,

Judgments against marshals.    Transcripts and execution.

§ 1703. Whenever any judgment shall be rendered against any mar¬
shal or his sureties in the marine court, or in any of the district courts,
a transcript thereof shall be filed in the office of the clerk of the court
of common pleas, and from the filing of such transcript such judgment
shall be deemed to be a judgment of such court, and shall be enforced
in the same manner as other judgments of said court. And no execu¬
tion on such judgment shall Issue to any other officer than the sheriff,
and all such executions must be made returnable to the clerk of said
court.

Id,, § 8   (Corap.  1476).

Id.; entry of judgment to be noted on bond,

§ 1704. The clerk of said court shall make a memorandum on the
official bond of every marshal, upon the filing of every transcript, of
a judgment obtained against him and his sureties, and of the time when
and the court whereby such judgment was rendered, and the amount
thereof, and shall be entitled to a fee of fifty cents therefor, which the