The Justices of said Court or a majority of
them shall, within five (5) days after the first day of January of
each year or whenever vacancies occur in the office of Marshal of
the City Court, appoint as many persons as may be necessary, not exceeding
five (5), unless a greater number be at any time prescribed by the
Board of Estimate and Apportionment, who are electors of the City,
to act as Marshals of the City Court who shall, in addition to their
other duties, be and act as attendants upon the Court during its sessions.
They shall hold their offices for one (1) year, and until their successors
shall be appointed and have qualified, unless sooner removed or suspended
for cause, as herein provided. The Justices of said Court or a majority
of them shall have the power to make such rules and regulations to
be entered in full upon the docket of said Court, prescribing the
attendance and duties of said Marshals as attendants upon said Court
as they deem necessary and proper, and a violation of said rules and
regulations by said Marshals or either of them is hereby constituted
a cause for suspension or removal from office as hereinafter provided.
If a Marshal be unable for any reason to discharge his duties as such,
the Justices of the Court or a majority of them may appoint a qualified
person to act in his place, who shall hold office until such Marshal
shall resume his duties as such, or until his successor is duly appointed.
A Marshal of the City Court of Albany cannot
appear or act on behalf of either or any party in an action or proceeding
in said City Court.
No Marshal shall be permitted to enter upon
the duties of the office until he shall execute a bond, with two (2)
sufficient sureties, who shall be residents of and shall own real
estate within the City of Albany, to the amount of double the penalty
of the bond, to the City of Albany, in the penal sum of two thousand
dollars ($2,000.), jointly or severally to answer the City of Albany,
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. Said bond shall be delivered to the City
Clerk of the City of Albany, 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 City Clerk, forthwith after having been approved
by him, and he shall either approve of or reject such bond within
five (5) days after the same shall have been presented to him for
that purpose. Nothing in this Part 2 shall be construed to prevent
a surety company authorized by law to act as surety.
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 Supreme Court at special term held in and for the County of Albany,
after giving such Marshal and his sureties eight (8) 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 bond in
his own name, and such leave shall be granted upon it appearing satisfactorily
to said Court:
A.
That a judgment has been obtained in his favor against
such Marshal for official misconduct, specifying the time when and
the Court whereby such judgment was rendered, and the amount thereof.
B.
That such transcript of judgment has been filed against
such Marshal in the office of the Clerk of Albany County, specifying
the time when such transcript was filed and execution issued, and
that the Sheriff of that county has 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 City of Albany,
a demand for the payment of the amount of such execution shall not
be necessary.
C.
That such judgment is wholly or partly unpaid, specifying
the amount uncollected or unpaid, and that the sureties or surety
have or has been served with the notice and papers hereinbefore mentioned.
A Justice referred to in the preceding section
may order such bond to be prosecuted in the City Court of Albany or
in the County Court of Albany County. Either of said Courts shall
have jurisdiction in actions brought on such bond, upon such leave
being granted and said Justice upon said motion may award the aggrieved
party his reasonable costs on such motion, not exceeding the sum of
ten dollars ($10.), which shall be included in the judgment obtained
upon such bond.
Whenever any judgment shall be rendered against any Marshal, or his sureties or surety in said City Court as provided in the foregoing section, a transcript thereof shall be filed with the Albany County Clerk, and from the filing of such transcript the provisions of § 30-296 of this article apply.
The Clerk of the county wherein said judgment
is entered shall issue a transcript upon application of the judgment
creditor, stating the amount of the judgment and that the sum is a
charge against the bond of the Marshal. The transcript may be filed
with the City Clerk in the office wherein the bond of said Marshal
is filed, and the City Clerk 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 ($0.50) therefor, which
the Court rendering judgment shall have power to include in such judgment,
together with whatever other disbursements are or may be necessarily
incurred in said action, and said bond shall be canceled to the amount
of such judgment.
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 bonds, upon
presenting the certificate of the plaintiff or his attorney in such
action, acknowledging such payments to such Clerk aforesaid, and upon
such Clerk indorsing such payment on such bond, it shall be canceled
to the amount so paid.
Whenever judgment shall be rendered against
the official bond of any Marshal, sufficient or partly sufficient
to cancel the same, the City Clerk aforesaid shall report to the Court
the fact, and it shall be the duty of the Court to compel such Marshal
to renew his official bond, if the same be canceled in whole, or to
furnish an additional bond, for the amount of the cancellation in
the penal sum of double such amount, if said bond be canceled in part,
and should said Marshal neglect, refuse or fail so to do, within ten
(10) days after being notified, he shall be removed by the Court 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.
Every Marshal shall, within thirty (30) days
after his appointment, enter into a bond in the manner provided in
this article, or he shall be deemed to have waived his appointment
as such Marshal, and some other suitable and proper person shall be
appointed in his place and stead to discharge the duties appertaining
to such office of Marshal.
Every summons, precept, order of arrest, attachment, writ of replevin or other process issued by or out of the City Court shall be served and executed by a Marshal, except as prescribed in §§ 30-41 and 30-173 of this Part 2; but no person other than a Marshal shall be entitled to any fees or other compensation therefor. In the event of the absence, suspension, removal or death of a Marshal, all process and mandates of the Court theretofore delivered to him and which have not been served or fully executed, may, upon the direction of a Justice of the Court, be served or executed by any other Marshal of the Court, and if necessary, the Clerk may issue duplicates of such process or mandates.
A Marshal may, and is empowered, and has the
authority to serve or execute all process and mandates of the City
Court in any part of the City of Albany or in any town adjoining thereto.
And any Marshal may and is empowered to serve a subpoena and serve
and execute a warrant of attachment against a defaulting witness within
the County of Albany or any county adjoining thereto, including the
County of Rensselaer. Proof of the service of execution of a process
or mandate of the Court by a Marshal shall except as otherwise prescribed
by law be in writing under his hand, stating the time when, place
where and the manner in which the process or mandate was served or
executed by him. A Marshal who fails reasonably to serve or execute
such process or mandate delivered to him shall by a writing under
his hand state the reason why he failed to serve or execute the same.
All provisions of law in relation to the taking
and restitution of property by Sheriffs of counties shall apply to
the taking and restitution of property by said Marshals, except that
a Marshal is authorized to act only within the limits of the City
of Albany or any town adjoining thereto.
Every Marshal shall keep a book in which he
shall enter immediately upon the receipt thereof all the process and
mandates of the Court delivered to him for execution, and his disposition
thereof, and he shall also indorse upon such process or mandate the
date and the hour of receiving the same.
The Justices of the Court or a majority of them
may remove any Marshal, after giving him an opportunity to be heard,
upon charges in writing preferred against such Marshal, and filed
with the Court, and may, in their discretion, suspend said Marshal
from the performance of his duties, as such, pending a hearing upon
the charges.
Whenever any Marshal shall collect or receive
any money upon any process of the City Court, he shall pay the same
over to the person entitled thereto less his lawful fees and disbursements
within five (5) days after the same shall have been received by him.
Upon his failure so to do he may be proceeded against as for a contempt.
