§ 1604 — Bond of marshal

§ 1604. Bond of marshal. (a) No marshal shall be permitted to enter\nupon the duties of his office until he shall have given a bond as herein\nprescribed. The bond shall be executed by the marshal with two\nsufficient sureties, who shall be residents of the city of New York and\neach of whom shall be the owner of real estate therein of the value of\ndouble the penalty of the bond. The penalty of the bond shall be the sum\nof sixty thousand dollars. Except as hereinafter provided, beginning\nJuly first, nineteen hundred ninety-nine, the penalty of the bond shall\nincrease to the sum of eighty thousand dollars and beginning July first,\ntwo thousand, the penalty of the bond shall increase to the sum of one\nhundred thousand dollars. If on June thirtieth, nineteen hundred\nninety-nine the provisions of subdivision (s-1) of section one hundred\nfive of the civil practice law and rules and paragraph b of subdivision\none of section sixteen hundred nine of the New York city civil court act\nare repealed pursuant to section three of chapter four hundred\nfifty-five of the laws of nineteen hundred ninety-seven, the penalty of\nthe bond shall remain sixty thousand dollars and shall not increase to\nthe sum of eighty thousand dollars on July first, nineteen hundred\nninety-nine or to the sum of one hundred thousand dollars on July first,\ntwo thousand. The bond shall provide that the marshal and the sureties\nshall jointly and severally answer to the city of New York and any\npersons that may complain, for the true and faithful execution by such\nmarshal of the duties of his office. The bond shall be submitted for\napproval to a judge of the court and such judge shall have power to\nrequire that the sureties justify before him within five days after the\nbond shall have been submitted, and shall approve or reject the bond\nwithin five days thereafter. When so approved, the bond shall be filed\nwith the city clerk of the city of New York. A marshal already qualified\nfor and in office on any date upon which the penalty of the bond shall\nincrease pursuant to this subdivision shall within thirty days after\nsuch date file with the city clerk an additional bond, otherwise\nexecuted as provided for herein and approved by a judge of the court, in\nan amount sufficient to bring the total amount of such bond to the\npenalty amount provided in this subdivision.\n (b) The bond must be executed, approved and filed within thirty days\nafter the appointment of the marshal or he shall be deemed to have\ndeclined his appointment and another person shall be appointed in his\nplace.\n