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—lst, of the life offlutice, because to him are addressed the writs commencing all actions (all of which are now abolished), and he returns the juries for the trial of men's lives, liberties, lands, and goods ; 2ndly, of the life of the laze, because he executes judgments of the courts; and 3rdly, of the lift of the republic, because he is in his county the principal con servator of the peace. By Magna Charts he is prohibited from hold ing pleas of the crown. He presides at all elections of members of parliament and coroners, and hence be 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 not and rebellion or invasion TORO LIEUTENANT], and to this end may require the assistance of a persons in it who are more than fifteen years of age, and who, when thus assembled under the sheriff's com mand, are called the posse comitatits. [POSSE COMITATUS.] To refuse
to the sheriff the aid which he requires is an offence punishable by fine and imprisonment. 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 many of the writs that issue from the superior courts, and all writs of execution; he is likewise responsible for the execution of criminals. He receives and entertains the judges of assize, on whom he is constantly in attendance 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 jailers, from whom be takes security for their good conduct. He is prohibited by very ancient 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 sort 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 decisions affecting him are numerous and complicated, and there are many treatises concerning the office.