IOI2 Appendix VIII.
court rendering judgment shall have power to include in such judg¬
ment, together with whatever other disbursements are or may be neces¬
sarily incurred in said action, and the said bond shall be canceled to
the amount of such judgment.
Id., § 9 (Comp. 1477),
Id.; amount collected to be credited on bond,
§ 1705, Whenever any action shall be commenced against the sureties
of any marshal, and such sureties shall pay the amount for which such
suit is brought, and the costs and disbursements incurred therein, or any
part thereof, the party or parties so paying shall be entitled to have such
sum so paid credited upon such bond, upon presenting the certificate of
the plaintiff or his attorney in such action, acknowledging such pay¬
ments to such clerk aforesaid, and upon such clerk indorsing such
payment on such bond, it shall be canceled to the amount so paid.
Id., § 10 (Comp. 1477).
Suspension of marshal by common pleas for misconduct,
§ 1706. Whenever any complaint shall be made by any person against
any marshal aforesaid for official or disorderly conduct, or for fraudu¬
lent practices in and about said courts, to the court of common pleas,
and it shall satisfactorily appear to such court, after hearing said mar¬
shal in regard to such complaint, that such marshal is guilty of the
offense charged by such person against him, such court may order that
such marshal be suspended from performing the duties of the office for
such time as the said court of coraraon pleas may direct; or such court
may. In its discretion, reraove such marshal from, office, and forbid and
prevent him from further performing or exercising any duties as mar¬
shal aforesaid, and on such removal being made, some competent person
shall be appointed in his place to fill such office.
Id., § 11, amd, L, 1864, ch. 569, § 1 (Comp, 1477),
Clerk of court to report canceled bonds to mayor. Renewal of bonds.
§ 1707. Whenever judgment shall be rendered against the official bond
of any marshal sufficient to cancel the same, the clerk of the court of
common pleas aforesaid shall report to the mayor that fact, and it shall
be the duty of the mayor to compel such marshal to renew his official
bond, and should such marshal neglect or_ refuse to renew such bond
wilhin ten days after being notified so to do, he shall be removed by the
mayor aforesaid, or suspended from performing the duties of the office
until such time as he shall renew the same, and such bond shall be
renewed In the same manner as often as the same shall be canceled.
Id., § 12 (Comp. 1477).
Appointment deemed waived for failure to file bond.
§ .1708. Every marshal shall, within thirty days after his appointment,
enter into a bond in the manner aforesaid, or he shall be deemed to
have waived his appointment as such marshal, and some other suitable
aud proper person shall be appointed in his place and stead to discharge
the duties appertaining to such office of marshal.
Id,, § 13 (Comp. 1478).
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