Sheriff or Shire-Reeve

SHERIFF or SHIRE-REEVE, often called "high sheriff," the English and Irish executive authority in a county, or other place, often called his "bailiwick." The office also exists in about 20 ancient cities and boroughs, among which may be named Lon don, Norwich, York, Bristol, Oxford, Lincoln, Chester and Canter bury in England, and Dublin, Cork, Limerick and other places in Ireland. In most of these the office is of an honorary nature. The office is at present an annual one, though this has not been always the case. Three names are put on the list by the chancellor of the exchequer and the judges of king's bench division on the mor row of St. Martin, Nov. 12, and the first name is usually pricked by the king in council in the February or March following. City and borough sheriffs are usually appointed by the corporations on November 9. London and Middlesex are specially provided for by the act of 1887, s. 33, and the sheriffs of the counties of Cornwall and Lancaster are separately appointed, the act not applying to them.

The shrievalty was at one time an important office. The ap pointment appears to have been originally by popular election, a right confirmed by 28 Edw. I. c. 8, but ultimately vested in the crown except where the office was hereditary. At one time con tributions to the expense of the office were made by the magis trates and others of the county. "Sheriff-tooth" was a tenure on condition of supplying entertainment to the sheriff at the county court. Up to the 19th century "riding with the sheriff" was an incident of the assizes, the riders being some of the principal men of the shire who brought with them wine and victuals in order to assist the sheriff in showing hospitality to the judges.

To-day the duties of the sheriff depend on numerous statutes be ginning with 2 Edw. III. c. 3 (1328). The most important is the Sheriffs act 1887, mainly a consolidating act applying to England only. The person nominated is usually a magistrate for the county, but anyone is eligible if he has land in the county. Exempt are peers, clergy, officers in active service, practising barristers and solicitors and others. Poverty is also a ground of exemption. The sheriff appoints his undersheriff. The duties of the office are both administrative and judicial. He attends on the judges at assizes and election petitions and is responsible for the execution of writs and of the sentence of death, acts as returning officer at parlia mentary elections, prepares the panel of jurors for assizes and is liable for the safe custody of prisoners. He or his deputy sits to assess damages under the Lands Clauses Act 1845,and also in cases sent to the sheriff's court for the assessment of damages. The expenses of the office are partly met by the Treasury. A sheriff cannot during his year of office act as a magistrate for the county of which he is sheriff.

See Sir M. Hale, A Short Treatise Touching Sheriff's Accompts (1683) ; W. Greenwood, Bouleuterion (1685) ; The Compleat Sheriff

(1696) ; F. Pollock and F. W. Maitland, Hist. Eng. Law (1898) ; W. S. Holdsworth, Hist. Eng. Law (1903) ; P. E. Mather, Compendium of Sheriff and Execution Law (19°3) ; W. S. McKechnie, Magna Carta (19os).

Scotland

is divided into 15 territorial sheriffdoms in each of which a sheriff exercises administrative and judicial functions; his administrative functions being partly statutory, partly the result of custom. He is Returning Officer in Parliamentary elec tions for constituencies within his sheriffdom. The appointment, tenure of office and judicial duties of a sheriff are fixed by the Sheriff Court (Scotland) Acts, 1907 and 1913. The sheriff, in his judicial aspect, is one of the judges of the Sheriff court of the sheriffdom. That court, exercising an extensive local jurisdiction, in Tatters civil and criminal, comprises, on its civil side, a court of first instance and an appellate court, but on its criminal side it has no general appellate jurisdiction. The sheriff sits as the single appellate judge in the Appeal court.

The original jurisdiction of the Sheriff court is, generally speak ing, exercised by the salaried sheriff-substitutes attached to the sheriffdom. At the present day the sheriff and salaried sheriff substitutes are appointed by the Crown on the recommendation of the secretary of State for Scotland. The sheriff, to be appointed, must be an advocate or a salaried sheriff-substitute of five years' standing. He is removable by order of secretary of State for Scotland proceeding upon a report of the Lord President of the Court of Session and the Lord Justice Clerk declaring the sheriff, by reason of inability, neglect of duty or misbehaviour, to be unfit for his office. The order of the secretary of State must lie before both Houses of Parliament for four weeks before it becomes oper ative. The qualification for appointment as salaried sheriff-substi tute is that he shall be an advocate or a law agent in Scotland of five years' standing. The salaried sheriff-substitute is removable from office by the secretary of State for Scotland de piano upon a report by the Lord President and the Lord Justice clerk for inability or misbehaviour.

Honorary sheriff-substitutes are appointed by writing un der the hand of the sheriff and they hold office during his pleasure.

Besides the sheriffs of counties, there is a sheriff of Chancery appointed by the Crown whose duties are confined to the service of heirs.

See W. J. Lewis, Sheriff Court Practice (1923).

Ireland.

The sheriff has much the same duties as in England His position is defined by numerous statutes, beginning with 53 Geo. III. c. 68 (1817).

United States.

The office of sheriff is generally elective. The sheriff has administrative and limited judicial authority. He some times serves for combined counties, as in England for Cambridge and Huntingdon. (J. WA.)