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

An ACT TO invest marShalS appointed by
the borough authorities under an act
entitled 'An act for the formation of
borough governments" approved April
fifth, one thousand eight hundred and
seventy eight, with the powers and
duties of the several constables through
out this State.
l. Be it enacted by the Senate and Gen
eral Assembly of the State of New Jersey,
That each and every marshal appointed
under and by virtue of an act of the Leg
islature of this State entitled IAN act for
the formation of borough governments, !"
approved April fifth, one thousand eight
hundred and seventy-eight, be and he is
hereby invested with all the powers
and authority of the several constables
in this State, in the service and execution
OF all wr1ts and process, both civil and
criminal, issued or to be issued out of any
of the courts of this State, and in the per-
Torrance of all other duties now per-
formed or to be hereafter performed by
said constable, and shall have and re-
ceiye therefor the same fees and compen-
sation as are now had and received by
said constables for the like service.
2. And be it enacted, That every
marshal appointed as aforesaid shall. be-
fore he enters upon the execution of his
Office, enter into bond to the Mayor and
Council of the borough by which he shall
have been appointed, with one or more
sureties, to be approved of by the said
Mayor and Council, in such sum as they
shall direct, conditioned for the true and
faithful performance of all the
duties of his said Office as marshall of
the following or like FORM
Know all men by these presents, that we
A. b., G. ID. and E. f., all of the borough
of in the county of , in the
State of New Jersey, are held and firmly
bound unto the Mayor and Council of the
borough of in the county of in
the sum of dollars, money of the
Mayor and Council of the borough OF
in the county of their sue
cessors or assigns; to which payment,
well and truly to be made, to bind our
selves and each of us for himself in the
whole, our and every of our heirs, execu-
tors and administrators firmly by these
presents.
Sealed with our seals, and dated the
day of in the year of our
Lord, ct cetera.
The condition of this obligation is.
that, whereas, the above-named A. b. has
been duly appointed marshal of said
borough; now, therefore, if the said A. B.
shall truly and faithfully perform all the
duties enjoined on him as marshal Of said
borough, then the above obligation to be
void, otherwise to be and remain in full
force and virtue.
Signed, sealed and delivered in the
presence OF
4 a r ; I.s.l
+. f. IL. S.
which bond shall be delivered to the clerk
of the borough, who shall file and safely
keep the same in his office.
3. And be it enacted, That if any person
shall sustain loss by the neglect or default
of any constable in the discharge of his
official duties, whereby snch bond shall
become forfeited, and shall, by himself,
his agent or attorney, make affidavit of
such loss, before any person authorized to
administer the same, and shall tender
such affidavit to the clerk of the borough
having the custody of such bond, 1t shall
be the duty of such clerk to file the AFT
dayit in his office, and thereupon forth
with to deliver to the person or persons
making such affidavit, his, her or their
agent or attorney a certified copy of such
bond, to the end that an action may be
brought upon such bond.
4. And be it enacted, That all suits or
actions to be brought and prosecuted on
the bond of any marshal, conditioned for
the faithful performance of the duties of
the office of constable, shall and may be
brought and prosecuted in the Supreme
Court, or any of the Circuit Courts, or
Court of Common Pleas of this State.
prosecuted in every respect as suits on
Sheritf's bonds are by law directed to be
prosecuted; and the court before whom
any judgment shall be obtained on any
marshal's bond as aforesaid, shall from
time to time, upon due notice, assess the
damages which shall have been sus-
tanned by any person OF persons by reason
of any neglect or default of the said mar
shall in his official duties, and the said
court shall and may award execution
thereon, with costs, provided the said as
sessment do not exceed the penalty of
the said bond.
5. And be it enacted, That assessments
of damages in and by this act directed to
be made by the Court shall be made by a
jury upon the application of either party
Interested, anything in this act to the
contrary Notwithstanding.
6. And be it enacted That the name of
the person or persons for whose use the
said bond shall be prosecuted, shall be in
dorsed upon the first process to be issued
thereon, and shall also be mentioned and
stated in the declaration in such suit; and
il, i'll any such suit, the plaintiffs shall
discontinue, be non-suited or judgment
pass against them, the seld person or per-
sons for whose use the said suit is brought
and prosecuted, and not the said borough,
shall be liable for costs; and 1t shall be
the duty of the Sheriff or other officer, to
whom any writ of execution Issued upon
such judgment shall be directed and de-
liyered, 10 make and levy the amount
of money required to be made and levied
by the said writ OF execution upon
and out of the property, real or per
sOnal, as may be required, of the said
person or persons for whose use the said