The sheriff derives his authority from two patents, one of which commits to him the custody of the county, and the other commands the inhabitants to aid him. He takes an oath of office, the greater part of which relates to his collection of the crown revenue, and he gives security to the crown that he will duly account. He then appoints an under-sheriff, by whom in fact the duties of the office are performed. These duties are various and important. Lord Coke quaintly says that the sheriff has a triple custody—tat, of the life f justice, because to him are addressed the writs which commence all actions, and he returns the juries for the trial of men's lives, liberties, lands, and goods; 2ndly, of the life of the law, be cause be executes judgments of the courts; and 3rdly, of the life of the republic, be cause he is in his county the principal conservator of the peace. He presides in his own court as a judge, and he not only tries all causes of 40s. in value, but also much larger questions under the writ of Scire facial. By Magna Charta he is prohibited from holding pleas of the crown. He presides at all elections of members of parliament for the county and coroners, and hence he cannot during the year of his office be elected a knight of the shire. He apprehends all wrong doers, and for that purpose, in criminal cases, he is entitled to break open outer doors to seize the offender ; he defends the county against riot or rebellion or in vasion [Loan-LtEnrEnesT], and to this end may require the assistance of all per sons in it who are more than fifteen years of age, and who, when thus assembled under the sheriff's command, are called the posse comittatis. To refuse to the
sheriff the aid which he requires is an offence punishable by fine and imprison ment. The sheriff takes precedence of all persons in the county. He seizes all lands which have fallen to the crown, and levies all fines and forfeitures; but he is not permitted to act as a justice of the peace. He executes all writs that issue from the superior courts, whether they are writs that commence an action or writs of execution ; he is likewise re sponsible for the execution of criminals. He receives and entertains the judges of assize, on whom he is constantly in atten dance whilst they remain in his shire. To assist him in the performance of his duties, the sheriff employs an under sheriff and also a bailiff and gaolers, from whom he takes security for their good conduct. He is prohibited by very an tient statutes from selling his office or the profits of any part of it.
The liability of the sheriff for breach or neglect of his duties is a frequent source of litigation. Few assizes occur without actions being brought against him for illegal arrests or levies, or for wrongfully abstaining from executing the process addressed to him. Thus the de cisions affecting him are numerous and complicated, and there are many treatises concerning the office, of which Dalton's Office and Authority of Sheriff' (1682), is the most relied on.
(Spelman's Glossary, articles Gra phio," Comes," Vice-Comes Coke upon Littleton, Hargr. and Thomas's edition, vol. i. ; Bacon's Abridgement ; Palgrave's Rise and Progress of the English Constitution,