Marshal

An officer of the United States, whose duty it is to execute the process of the courts of the United States. His duties within the district for which he is appointed are very similar to those of a sheriff. See Burr’s Trial 365; Burke v. Trevitt, 1 Mas. 100, Fed. Cas. Nb. 2,163; Anonymous, 2 Gall. 101, Fed. Cas. No. 445; The Collector, 6 Wheat (U. S.) 194, 5 L. Ed. 239. He is authorized to protect a federal Judge from assault and murder; Cunningham v. Neagle. A marshal who has process In his hands against one person and seizes the goods of another, is liable by virtue of his office and his sureties are bound; Lammon v. Feusier, 111 U. S. 17, 4 Sup. Ot 286, 28 L. Ed. 337; Coveil V. Heyman, 111 U. S. 181, 4 Siip. Ct. 365, 28 L. Ed. 390; though the authorities differ; National Bank of Redemption v. Rutledge, 84 Fed. 409. He is liable in damages where he refuses to surrender property which •he has taken unlawfully; Gumbel v. Pitkin, 124 U. S. 131, 8 Sup; Ct. 379, 31 L. Ed. 374.

To arrange, rank, or set in order; to arrange words in a certain order; to construe. Marshaling' assets: the arranging or ranking of assets in a certain order toward the payment of debts, particularly such an arrangement of diflferent funds under administration that creditors shall receive their due proportions, notwithstanding intervening interests, liens, or other claims of particular persons to prior satisfaction. Marshaling charities: the ranking of legacies where there are funds of pure and mixed personalty applicable to payment of debts and charity legacies, and the legacies are charged on the pure personalty and the debts on the rest of the fund, so that the legacies will be deemed to have failed in the proportion of the mixed to the pure personalty, if there is a deficiency of assets. Marshaling liens: the ranking of liens where realty subject to lien of a judgment or of a mortgage has been alienated in separate parcels to different persons at different times, so that the parcels may be subjected to satisfaction of the lien in the inverse order of alienation. Marshaling of securities: that principle of arrangement by which a person having a lien on or interest in a certain fund may compel a person having a li^ on or interest in the same fund, and also on another fund, to resort, in the first instance, to such other fund for satisfaction.

Inold Englishlaw. The title borne by several oflicers of state and of the law, of whom the most important were the following: (1) The earl-marshal, who presided in the court of chivalry; (2) the marshal of the king’s house, or knight-marshal, whose special authority was in the king’s palace, to hear causes between members of the household, and punish faults committed within the verge; (3) the marshal of the king’s bench prison, who had the custody of that jail; (4) the marshal of the exchequer, who had the enstody of the king’s debtors; (5) the marshal of the judge of assize, whose duty was toswear in the grand jury.

In American law. An oilicer pertaining to the organization of the federal judicial system, whose duties are similar to those of a sheriff. He is to execute the process of the United States courts within the distriet for which he is appointed, ete. Also, in someof the slates, this is the name of an officer of police, in a city or borough, having powers and duties corresponding generally to those of a constable or sheriff. MARSHAL OF THE QUEEN’S

1). To arrange; to place in order. Marshalling: arranging; designating order or rank. Marshalling assets. A doctrine of equitable jurisprudence intended to secure such an administration of the funds of an estate or debtor, which may b? insufficient to pay all claims, as will discharge them as fully as possible. It has been long a general principle of equity, that, if a claimant has two or more funds to which he may resort, a person having an interest in one only of such funds has a right to compel the former to resort to the other or others of them, if that is necessary for the satisfaction of both; or, if a person having a claim upon two funds resorts to the only fund upon which another has a claim, that other person may claim to stand in his place for so much against the fund, to which otherwise he could not have access; the object being that every claimant shall be satisfied, as far as, by any arrangement consistent with the nature of the several claims, the property which they seek to affect can be applied in satisfaction of their respective claims. For it is considered that a creditor, having hia not to injure other creditors -who can " resort to one only. Hence, though a creditor has a distinct lien on two funds, and might, as between himself and the debtor, enforce it upon either, at his election, yet he may be compelled, at the suit of a creditor who has a lien on one only, to resort to the other. But the administration of this principle is subject to the rule that no injustice is to be done to, or loss imposed on, the creditor who may be doubly secured.