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Sheriff as

office, sheriffs, law and duties

SHERIFF (AS. scirgcrffa, shire-reeve, from stir, district. county, jurisdiction, business gcrefa, reeve). The chief executive officer of a county, who at times exercises judicial func tions also. Notwithstanding his Latin title of rice conies, he was never a deputy earl. At the opening of English legal history he appears as "the governor of the shire, the captain of its forces. the president of its court: a distinctly royal officer, appointed by the King. dismissible at a moment's notice, strictly accountable to the Exchequer." The office was not hereditary at common law, although it became so in a few counties. During the thirteenth century it was made elective, but in 1314 Parliament changed it to an appointive office, and the method of ap pointment prescribed by that statute (9 Ed.

e. 2) has been continued with few changes to the present time (See Sheriff's Act, 1837. 50 and 51 Viet., e. 53). His term of office is one year. and until his successor qualifies, although he is removable at pleasure. He appoints an under sheriff to act as his deputy. to whom all fees are paid, but for whose acts the sheriff is civilly liable.

Originally, the sheriff in England, as in Scot land. exercised an extensive judicial authority. Ile presided over the common-law county court. Twiee a year he made a circuit of the hundreds or other subdivisions of his shire, to hold a view of frank pledge, to receive presentment of grave criminal offenses, and to collect fines for petty crimes. This was known as the sheriff's tour.

At present. however. his judicial functions are comparatively The principal duties of the modern sheriff, both in England and in the United States, re late to the execution (q.v.) of civil and criminal process. In the more populous counties he has many deputies, for whose misconduct he is civilly responsible, and who give bonds to him for the proper performance of their duties. In such counties the office is a very lucrative one with us. While a few of our States continue the prac tice of appointing sheriffs, most of them have made the office elective, and mauy prohibit the immediate reelection of the same person. It is thought that he might abuse his authority for the purpose of securing a reelection. The Federal officer corresponding to the sheriff is the United States Marshal. Consult: Pollock and Maitland, History of English Law (2d ed., London and Boston, 1899) ; Mather, Compendium of Sheriff and Executive Law (London, 1903) ; Crocker, Duties of Sheriffs, Coroners, and Constables (New York, 1890) ; Murfec, Treatise on the Law of Sheriffs and Other Ministerial Officers (Saint Louis, 1890).