§ 1604. Bond of marshal. (a) No marshal shall be permitted to enter
upon the duties of his office until he shall have given a bond as herein
prescribed. The bond shall be executed by the marshal with two
sufficient sureties, who shall be residents of the city of New York and
each of whom shall be the owner of real estate therein of the value of
double the penalty of the bond. The penalty of the bond shall be the sum
of sixty thousand dollars. Except as hereinafter provided, beginning
July first, nineteen hundred ninety-nine, the penalty of the bond shall
increase to the sum of eighty thousand dollars and beginning July first,
two thousand, the penalty of the bond shall increase to the sum of one
hundred thousand dollars. If on June thirtieth, nineteen hundred
ninety-nine the provisions of subdivision (s-1) of section one hundred
five of the civil practice law and rules and paragraph b of subdivision
one of section sixteen hundred nine of the New York city civil court act
are repealed pursuant to section three of chapter four hundred
fifty-five of the laws of nineteen hundred ninety-seven, the penalty of
the bond shall remain sixty thousand dollars and shall not increase to
the sum of eighty thousand dollars on July first, nineteen hundred
ninety-nine or to the sum of one hundred thousand dollars on July first,
two thousand. The bond shall provide that the marshal and the sureties
shall jointly and severally answer to the city of New York and any
persons that may complain, for the true and faithful execution by such
marshal of the duties of his office. The bond shall be submitted for
approval to a judge of the court and such judge shall have power to
require that the sureties justify before him within five days after the
bond shall have been submitted, and shall approve or reject the bond
within five days thereafter. When so approved, the bond shall be filed
with the city clerk of the city of New York. A marshal already qualified
for and in office on any date upon which the penalty of the bond shall
increase pursuant to this subdivision shall within thirty days after
such date file with the city clerk an additional bond, otherwise
executed as provided for herein and approved by a judge of the court, in
an amount sufficient to bring the total amount of such bond to the
penalty amount provided in this subdivision.

(b) The bond must be executed, approved and filed within thirty days
after the appointment of the marshal or he shall be deemed to have
declined his appointment and another person shall be appointed in his
place.