SHERIFF (Sax.scyre, shire, reve, keeper). A. county officer representing the executive or administrative power of the state within his county.
The office is said by Camden to have been oreated by Alfred when he divided England into counties; but Lord Coke is of opinion that it is of still greater antiquity, and that it existed in the time of the Romans, being the deputy of the earl (comes), to whom the custody of the shire was origi nally committed, and hence known as vice-comes. Camden, 156; Coke, Litt. 168 a; Dalton, Sheriff, 5.
2. The selection of sheriffs in England was formerly by an election of the inhabit ants of the respective counties, except that in some counties the office was hereditary, and in Middlesex the shrivealty was and still 16 vested by charter in the city of London. But now the lord chancellor, in conjunction with the judges of the courts at Westminster, nominates suitable persons for the office, and the king appoints. In this country the usual practice is for the people of the several coun ties to elect sheriffs at regular intervals, gene rally of three years, and they hold subject to the right of the governor to remove them at any tune for good cause, in the manner p Anted nut by law. Before entering upon Cie discharge of their duties, they are re quired to give bonds to the people of the state, conditioned for the faithful perform ance of their duties, without fraud, deceit, or oppression.
3. It is the sheriff's duty to preserve the peace within his bailiwick or county. To this end he is the first man within the county, 8,nd may apprehend and commit to prison all persons who break or attempt to break the peace, or may bind them over in a recogniz ance to keep the peace. He is bound, ex officio, to pursue and take all traitors, mur derers, felons, and rioters ; has the safe-keep ing of the eounty jail, and must 'defend it against all rioters; and for this, as well as for any other purpose, in the execution of his duties he may command the inhabitants of the county to assist him, which is called the posse comitatus. And this summons every person over fifteen years of age is bound to obey, under pain of fine and imprisonment.
Dalton, Sheriff, 355 ; Coke, 2d Inst. 454.
4. In his ministerial capacity he is bound to execute, within his county, process that issues from the courts of justice, except where he is a party to the proceeding, in which case the coroner acts in his stead. On mesne process he is to execute the writ, to arrest, and take bail ; when the cause comes to trial he summons and returns the jury, anci when it is determined he carries into effect the judgment of the court. In criininal cases he also arrests and imprisons,,returns the jury, has the custody of the prisoner, and executes the sentence of the court upon him, whatever it may be.
5. As bailiff to the chief executive, it is his business to seize, on behalf of the state, all lands that devolve to it by attainder or escheat, levy all fines and forfeitures, and seize and keep all waifs, wrecks, estrays, and the like. Dalton, Sheriff, c. 9.
He also possesses's, judicial capacity, and may hold a court and summon a jury for cer tain purposes ; this jurisdiction, in this re spect, is at common law quite extensive. This branch of his powers, however, is cir cumscribed in this country by the statutes of the several states, and is generally confined to the execution of writs of inquiry of dam ages, and the like, sent to him from the supe rior courts of law. 1 Sharswood, Blackstone, Comm. 389.
6. Ile has no power or authority out of his own county, except when he is commanded by a writ of habeas corpus to carry a prisoner out of his county ; and then if he conveys him through several counties the prisoner is in custody of the sheriffs of each of the counties through which he passes. Plowd. 37 a; 2 Rolle, 163. lf, however, a prisoner escapes and flies into another county, the sherif or his officers may, upon fresh pursuit, take him again in such county. But he may do mere ministerial acts out of his county, if within the state, such as making out a panel or re turn, or assigning a bail-bond, or the like. 2 Ld. Raym. 1455 ; 2 Strange, 72'T; Dalton, Sheriff, 22.