The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1889-09-15

shall be brought upon any such bond
shall, If required before issue joined
give bond to the defendants In the sum
OF one hundred dollars with sufficient
sureties, being freeholders and residents
in this State with condition to prosecute
the said action with effect and pay costs
If the plaintiffs discontinue, be nom
suited or Judgment pass against the
plaintiffs; which bond shall be filed in
the office of the clerk of the court in
which such action shall be pending.
8. And be it enacted, That if any mar
shall hath absconded or shall abscond, or
become insolvent or incapable of doing
the duties of his said office, it shall be
lawful for the Court of Common Pleas
of the county from which said marshal
hath absc0nded or shall abscond, or be-
come insolvent or incapable as aforesaid,
on application for that purpose, to
authorize the surety or sureties of such
marshal for the time being, to ask, de-
mand, sue for and recover any moneys
which such marshal could or might law
fully demand, levy and receive by virtue
OF any process of execution or other pro-
cess in his official capacity as marshal,
and also all moneys in the hands of any
person or persons collected by said mar
shall on any execution or process, and
which, at the time of his absconding or
Insolvency or incapacity as aforesaid,
were not paid over TO the plaintiff or per
son entitled to the same.
9. And be it enacted, That where, by
the absconding. insolvency or incapacity
as aforesaid of such marshal, executions
for process In his hands remain wholly or
in part unexecuted, it shall be lawful for
the said surety or sureties for the time
being, authorized as aforesaid by the
Court of Common Pleas, to apply to any
Justice Of the Peace in the county where
such Judgment was rendered and execu-
ton issued thereon, for u summons On
contract on such Judgment and exccu-
ton in the name of the plaintiff or
plaintiffs in the original process
against the defendant or defendants
therein; and the said suit shall proceed
as in other cases of summons on CON
tract, the said surety or sureties always
producing before the said Justice a
transcript of the Judgment and the exc
cution or executions issued thereon, and
the defendant or defendants may plead
payment or satisfaction of such Judgment
or execution, in part or whole, to such
absconding, insolvent or incapable mar
shall, or other lawful discharge; nd in
case of final Judgment against the defend
ant or defendants, execution may be is
sued Immediately for debt and costs, but
if Judgment should be for the defendant
or defendants, with costs, the said sure
ties shall pay the same, and If recovered
against the plaintiff or plaintiffs named
in the record, they may recover the same
over from the surety or sureties.
10. And be it enacted, That in case any
marshal shall die before settling up all
executions that shall have come to his
hands by virtue of his office, his executors
or administrators shall and may have full
power to collect and settle up any execu-
ton or process remaining unsettled at the
time of his decease, in the same manner
as the surety or sureties of marshals in
the preceding sections; and in case OF the
neglect or refusal of the said executors or
administrators as aforesaid, the surety or
sureties of the said deceased marshal
shall have the same power to collect and
settle the said executions as mentioned
in the preceding sections of this act.
II. And be it enacted, That all moneys
which may be recovered or come TO the
hands Of any surety or sureties, executor
or executors, admins tn ator or admins
traitors, by virtue of this act or otherwise,
in regard to the said absconding, insolv-
emit deceased or incapable marshal, shall
be held and appropriated by such surety
or sureties, executor or administrator, to
the only proper use and benefit Of the
person or persons who may have lawful
right thereto.
q And be it enacted, That all acts and
parts of acts inconsistent herewith, be
and the same are hereby repealed and
this act shall take effect Immediately
Approved March 10, 1889