Marshal
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
1.
In old English law, the title applicable to several officers of different grades and powers; particularly the earl-marshal, or lord-marshal, who presided in the ancient court of chivalry; the knight-marshal, who formerly had a judicial authority within the king's palace; the marshal of the king's bench prison; the marshal of the exchequer, who had the custody of debtors to the revenue; marshal of judge of assise, whose duty it was to swear in the grand jury. Brown; Burrill.
2.
In the United States courts, the marshal is the officer charged with the execution of process and various administrative duties. The appointment of marshals for the various districts, their official oath and bond, and their powers and duties, are prescribed by the Rev. Stats., §§ 776-783. It is the duty of the marshal of each district to attend the district and circuit courts when sitting therein, and to execute throughout the district all lawful precepts directed to him, and issued under the authority of the United States. Marshals and their deputies have, in each state, the same powers, in executing the laws of the United States, as the sheriffs and their deputies in such state may have, by law, in executing the laws thereof. The service of all process in equity suits, and the sales of all property under decree in admiralty, must be by the marshal or deputy, unless some person is specially appointed by the court for the purpose. The duty and liability of the marshal or his deputy, in the execution of process, may be said, generally, to correspond with those of a sheriff. The sheriff cannot take from the marshal, under state process, property which the latter already holds in custody under United States process. The marshal is also charged with the custody of prisoners held under process of the United States courts, except so far as by state laws provision has been made for the delivery of the custody of such prisoners to the state jails.
See Rev. Stat. §§ 943, 944.