N.Y. Uniform District Court Act § 2422: Powers, duties and liabilities of marshals and deputy marshals

§ 2422. Powers, duties and liabilities of marshals and deputy

marshals. 1. The marshals shall be the enforcement officers of the

court. The authority of a marshal extends throughout the county and all

provisions of law relating to the powers, duties and liabilities of

sheriffs in like cases and in respect to the taking and restitution of

property, shall apply to marshals. Every marshal shall keep a record of

his official acts in such manner as shall be prescribed by the appellate

division. Such records shall show, in addition to the official acts of

the marshal, all fees and sums received by the marshal therefor, the

expenses of the marshal in connection with the performance of his

official duties and his gross and net income as such marshal. The

records of every marshal shall be open to inspection by the appellate

division and such officers and employees of the court, or other persons,

agencies or officials, as may be designated by the appellate division.

2. A marshal shall be entitled to such fees as may be provided by the

uniform district court act. All fees paid on account of services

performed by him shall be the property of the county and shall be paid

to the court clerk daily and by him paid to the county treasurer as

hereinbefore provided in the case of all other county officers.

3. A marshal of the district court shall be a peace officer. All

monies other than marshal's fees received by the marshal or by the

sheriff in relation to the business of said courts which the county is

entitled to receive shall be paid to the county treasurer and a report

thereof shall be filed with the clerk of said courts.

4. A marshal of the district court shall serve all criminal process

issued out of the court whenever directed by statute, rule or order so

to do and whenever he is requested so to do by a judge of the court, and

he shall perform such other duties as any judge of the court may

require. The marshal shall receive no fees or compensation for the

service of any criminal process issued out of the court.

5. A deputy marshal of the district court shall have all the powers of

a marshal and be subject to all the duties and liabilities of a marshal

and shall give a bond in the same manner as a marshal before entering

upon the duties of this office and all the provisions of this act and of

the uniform district court act relating to marshals, their powers,

duties and liabilities, shall be deemed to apply with the same force and

effect to deputy marshals.