Marshal in United Kingdom

Concept of Marshal

The following is an old definition of Marshal [1], a term which has several meanings:1, (noun) (1) In old English law, the title of several officers of different grades and powers, judicial or executive. The lord-marshal presided in the court of chivalry; the knight-marshal had judicial authority within the king’s palace; the marshal of the king’s bench was prison-keeper to that court; the marshal of the exchequer had the custody of debtors of the revenue; the marshal to the judge of assize swore in the grand jury. And the marshal sea, was the seat or court of the marshal of the king’s house, instituted to administer justice between the king’s domestic servants. In Connecticut, the executive officer of the courts is first mentioned (1649) as the “marshal.” At the May session of the General Court in 1698, it was enacted that the ” marshal of the colony ” be called the High Sheriff, and the ” county marshal ” the County Sheriff. Formerly, and within the memory of persons still living, the sheriff was the marshal at all public processions

Alternative Meaning

An officer of the United States whose chief duty is to execute the processes of its courts. He and his deputies have in each State the same power in executing the laws of the United States as the sheriffs and their deputies in such States may have in executing the laws thereof. He is appointed for a term of four years, for each district. He chooses his own deputies, but they are removable by the circuit or district court. He attends these courts, and executes their lawful precepts directed to him under authority of the United States. He may command necessary assistance in executing the laws. He cannot perform all his duties without the aid of other persons as deputies, general and special. A statute conferring upon him the powers of a sheriff does not take away powers already vested. When process, issued under a particular law, as, a revenue law, is lawfully issued to him for service, in executing it he acts under the authority of that law.nd so as to all persons who assist him in the perform- ance of his ofScial duty. The marshal, in preserving arrested property, acts as a bailee, and is responsible to parties interested for its proper care. In the absence of a statute or rule of court, he should be paid his fees when he delivers the property to the person entitled to it. The clerks employed by the marshal to keep his accounts are not officers of the court, and so are entitled to fees and mileage if used as witnesses for the Government. Unless a deputy marshal, who is an officer, be actually engaged in waiting upon the court, he is entitled to per diem and mileage if smnmoned as a witness for the Government. See Costs; Execution, 3; Fee, 2, Docket; Jurisdiction, 2, Concurrent; Sheriff. (3) In the western and southwestern States, an officer of the peace, appointed by authority of a city or borough, who holds himself in readiness to answer such calls as fall within the general duties of a constable or sheriff. ” The marshal elected for the county of St. Louis shall have the same power, be subject to the like proceedings, and incur the same liabilities, on all process placedln his hands, as the sheriff of the county has, and is subject to, in similar cases.” Sudh mairshal is elected in the same manner as the sheriff of that county, for a term of two years. He gives bond to the State. He attends on the criminal and the probate courts, and executes all processes issued by them, or by a judge or clerk thereof, or by the county court of St. Louis.

Alternative Meaning

(Verb)To arrange or rank in order. Marshaling assets, funds, mortgages, securities. Such arrangement of different funds, under administration, as will enable all the parties having equities thereon to receive their due proportions, notwithstanding the intervening interests, liens, or other claims of particular persons to prior satisfaction out of a portion of the funds. The principle is that he who has a right to resort to two funds, in one of which alone another party has a subsidiary lien, shall be compelled to exhaust the one to which the other cannot resort, before coming upon the one in which both have an interest. The equitable principle that where a creditor has a lien on two funds in the hands of the same debtor, and another creditor has a lien only on one of the funds, the former may be compelled to levy his debt out of the fund to which the latter cannot resort; or, what is tantamount thereto, if the former takes his money out of the fund in which alone the latter has a lien, he may, to that extent, be subrogated to the rights of the former as agaiust the other fund. Both funds must be in the hands of the common debtor of both creditors. See Marshaling Liens. Marshaling boundaries. See Boundary. Marshaling charities. The doctrine that where there are funds of pure and mixed personalty applicable to the payment of debts and charitable legacies, the latter being charged upon the pure personalty and the debts upon the remainder of the fund, and there is a deficiency of assets, the charity legacies will be held to have failed in the proportion of the mixed to the pure personalty. Marshaling liens. The doctrine that where realty, bound by a judgment or a mortgage, has been alienated in separate parcels to various persons at different times, such parcels may be subjected to the satisfaction of the lien in the inverse order of their alienation. The first purchaser has a right to suppose that the part he leaves with the mortgagor will be first subjected to the payment of the mortgage, and a second purchaser, who buys all or a part ot the residue, should not be placed in a better position than that of his grantor. See Marshaling Assets. Marshaling words. See Construction.

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Notes and References

1. Meaning of Marshal provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)