SHERIFF. 



ufed commonly to bear date the fixth day of November. 



12 Edw. IV. c. 1. 



And the cullom now is, which has obtained fince the 

 time of Henry VI. that all the judges, together with the 

 other great officers, meet in the exchequer chamber on the 

 morrow of All-Souls yearly (which day is now altered to 

 the morrow of St. Martin, by the lall aft far abbreviating 

 Michaelmas term), and then and there propofe three perfons 

 to the king, who afterwards appoints one of th'-m to be (herifF. 



This cuftum of the twelve judges propoling three perfons, 

 feems borrowed from the Gothic conftitution before-men- 

 tioned ; with this difference, that among the Goths the 

 twelve nominees were firll elefted by the people themfelves : 

 which ufage of our's was probably founded upon fome fta- 

 tute, though not now to be found among our printed laws. 

 But notwitlillanding an unanimous refolution of all the judges 

 of England to this purpofe, entered in the council-book of 

 5 March, 34 Hen. VI. and the itatute 34 & 35 Hen. VIII. 

 cap. 26. feft. 61. which exprefsly recognizes this to be the 

 law of the land ; fome of our writers have affirmed, that the 

 king, by his prerogative, may name whom he pleafes to be 

 (heriff, whether chofen by the judges or not. This is grounded 

 on a very particular cafe in the fifth year of queen Elizabeth, 

 when, by reafon of the plague, there was no Michaelmas 

 term kept at Wellminfter, £0 that the judges could not meet 

 there in erajlino animarum, to nominate the fheriffs ; upon 

 which the queen named them herfelf, without fuch previous 

 affembly, appointing for the molt part one of the two re- 

 maining in the lad year's lilt. And this cafe, fo circum- 

 ftanced, is the only authority in our books for making thefe 

 extraordinary Ihcnfts. 



However, it muil be acknowledged, that the praftice of 

 occafionally naming what are called pocket-fherilFs, by the 

 fole authority of the crown, hath uniformly continued to 

 the reign of his prefent majefty, George III. in which, fays 

 Blackftone, few, if any, inilances have occurred. 



By four feveral Itatutes it is enadled, that no one (hall be 

 (heriff, except he have fufficient land within the fliire to 

 anfwer the king and the people in any manner of complaint. 

 9 Edw. II. It. 2. 4 Edw. III. c. 9. 5 Edw. III. c. 4. 



13 & 14 Car. II. c. 21. 



It has been judged, that an attorney is exempted from the 

 office of (heriff, by reafon of his attendance on the courts 

 of Weftminlter. 



By 2 Geo. HI. c. 20. no perfon, during the time he is 

 afting as a militia-officer, (hall be obliged to ferve the office 

 of (herifF. 



Protellant diffenters, who are exempted by the Toleration 

 aft from the obligation of complying with the requifition of 

 the Corporation aft, and who can plead their non-compli- 

 ance as a reafonablc and fufficient excufe, are not compel- 

 lable to ferve this office, nor of courfe to pay any fine for 

 refufal. Sec Furneaux's Letters to Blackftone, cd. 2, and 

 particularly the Appendix, containing lord Mansfield'8 fpeech 

 in the houfe of lords 1767, on the caufe between the city of 

 London and the difl'enters, when the houfe affirmed the unani- 

 mous judgment of the commiffioners' delegates, who delivered 

 their o^\\mm% fcitntim on the 5th of July, 1 762, after hearing 

 counfel feveral days. 



By a by-law of the city of London, paded in a common- 

 council June nth, 1799, amending an aft of April the 

 7th, 1748, no freeman chofen (heriff, &c. fiiall be excufed, 

 unlefs he voluntarily fwears he is not worth zo,ooo/. &c. 

 which oath (hall be attelted by the oaths of fix other (reemcn ; 

 and if he refufes to take the office, he incurs a forfeiture of 

 400/. and twenty marks towardi the maintenance of the 

 miniflers of the feveral prifont within the city, together with 

 the ufual fines. If, however, he (hall afterwards take upon 



him the office of an alderman of the city, he (liall be eligible 

 to the faid office of (heriffalty, notwithitanding the fore- 

 mentioned payment. 



The fheriff, before he exercifes any part of his office, and 

 before his patent is made out, is to give fecurity in the king's 

 remembrancer'^ office in the exchequer, under penalty of 

 100/., for the payment of his proffers, and all other profits 

 of the (heriffwick ; he mult alfitake the oaths of allegiance 

 and abjuration, and all, except the flieriffs of Wales and 

 Chefter, an oath appointed by 3 Geo. I. cap. 15. feft. 18. 

 for the due execution of their office. This oath may be ad- 

 miniitered in purfuance of a writ of dedimus potejlatem. 



ShcrifTs, by virtue of feveral old (latutef, are to continue 

 in their office nc longer than one year : and yet it hath been 

 faid, that a (heriff may be appointed durante bene placito, or 

 during the king's pleafure, and fo is the form of the royal 

 writ ; therefore, till a new flieriff be named, his office can- 

 not be determined, unlefs by his own death, or the demifeof 

 the king. 



And by i Ann. ft. i. c. 8. all officers appointed by the 

 preceding king may hold their offices for lix months after 

 the king's demife, unlefs fooner difplaced by the fucceffor. 



We may farther obferve, that by i Rich. II. c. 11. no 

 man, that has ferved the office of fheriff" for one year, can 

 be compelled to ferve the fame again within three year» 

 after. 



The power and duty of a (herifF are thofe that belong to 

 him as a judge, as a keeper of the king's peace, as a minif- 

 terial officer of the fuperior courts of juitice, or as the king's 

 bailiff. 



In his judicial capacity he is to hear and determine all 

 caufes of forty (hillings value and under, in his county-court ; 

 and he has alf'o a judicial power in divers other civil cafes. 

 He is likewife to decide the eleftions of knights of the (hire 

 (fubjeft to the controul of the houfe of commons), of coro- 

 ners, and of verderors ; to judge of the qualification of voters; 

 and to return fuch as he (hall determine to be duly elefted, 

 but incapable of being elefted himfelf for the county, &c. 

 of which he is returning officer. 



As the keeper of the king's peace, both by common law 

 and fpecial commiffion, he is the firft man in the county, and 

 fuperior in rank to any nobleman therein, during his office. 

 He may apprehend and commit to prifon all perfons who 

 break the peace, or attempt to break it ; and may bind 

 any one in a recognizance to keep the peace. He may, and 

 is bound, ex ojficio, to purfue and take all traitors, murder- 

 ers, felons, and other mifdoers, and commit them to gaol for 

 fafe cultody. He is alio to defend his county agaiiill any 

 of the king's enemies when they come into the land ; and, 

 for thii purpofe, as well as for keeping the peace and pur- 

 fuing felons, he may raife the p-Jfe comilalus. 



However, by the cxprefs directions of the great charter, 

 the flieriff, together with the conllable, coroner, and certain 

 other officers of the king, .ire forbidden to hold any pleas 

 of the crown, or, in other words, to try any criminal of- 

 fence ; for it would be highly unbecoming, that the execu- 

 tioners of julticc (hould be alfo the judges ; (liould im- 

 pole as well as levy fines and amercements ; (liould one day 

 condemn a man to death, and perfonally execute him the 

 next. 



Neither may he aft as an ordinary judicc of the peace 

 during the time of his office, for this would be equally 

 inconliltent, he being in many refpefts the fervant of the 

 jullices. 



In his miniflerial capacity, the (heriff is bound to execute 



all procefs ifl'uing from the king's courts of judicc. In the 



commencement of civil caufes, he is to ferve the writ, to ar- 



relt, and to take bail : when the caufe comes to trial, he 



5 K. 2 a\\x\.\. 



