Sheriff

An officer of great antiquity and important functions, being charged, to speak generally, with, the preservation of the peace and the execution of judicial orders and decisions within a county. The office of sheriff is not known under the laws of the United States, but the corresponding duties are performed for the United States courts by an officer, known as the marshal. In England, and under the state governments throughout the United States, there is in and for each county a sheriff. The office generally exists in this country substantially as derived from England, where it has been in existence from the earliest times. The name is considered to be of Saxon origin, Anglicized to shire-reeve (see Kbbve), which, softened in successive forms, such as sohireve and shyrefe (many others are found in old books), became sheriff. The same office is designated in earl or comes to whom the custody of the shire is said to have been committed at the first division of the kingdom into counties. But the earls, in process of time, on account of their high employments and attendance on the king's person, not being able to transact the business of the county, were relieved of that burden, reserving to themselves the honor, but the labor was laid on the sheriff, who now, therefore, does all the crown business in the county, the crown committing the custody of the county to the sheriff, and to him alone. Sheriffs were formerly chosen by the inhabitants of the several counties, in confirmation of which it was enacted in 1300, by Stat. 28 Edw. I. ch. 8, that the people should have election of sheriffs in every shire where the shrievalty is not of inheritance; for, anciently, in some counties, the sheriffs were hereditary. The city of London had the election of the sheriffs of London and Middlesex vested in their body by a charter of Henry I.; and this right they still exercise. But, throughout England generally, it is provided by Stat. 9 Edw. II. st. 2, passed in 1316, that the sheriffs should thenceforth be assigned by the chancellor, treasurer, and the judges, as being persons in whom the same trust might with confidence be reposed. And the custom now is, that all the judges, together with the gi'eat officers and privy councillors, meet in the exchequer on the morrow of St. Martin, and then and there the judges propose three persons for each county, to be reported (if approved of) to the crown, who afterwards appoints one of them to be sheriff.

And by Stat. 8 & 9 Vict. ch.

11, passed in 1845, the manner of assigning and appointing sheriffs in Wales is to be the same as in England.

See Brown; Cornel; 1 Bl. Com. 117, 339-345; 2 Steph. Com. 623-634; also Pricking roR Sheriffs.

The office of sheriff lasts in England for one year, and until a successor is appointed. Many of the duties, which are very numerous and important, are commonly performed by a deputy, called an under-sheriff. The administrative duof the peace for the apprehension of offenders, &c. The sheriff has also long enjoyed hnpoi-tant judicial authority; being empowered to act as judge in the county court (or sheriff's court, as it ■was sometimes called), where actions were brought for the recovery of sums under twenty pounds. But, byreeentstatutes, a new organization of county courts has been provided; and the county court judge presides over each county court, — • except, perhaps, in London'. See Brown. Throughout the states of the American Union, the general nature of the sheriff's office and administrative duties are the same as have been (independent of any recent legislation) known in England; but all details are matters of statutory or constitutional regulation; and the rule on any particular subject may vary in the different states. The sheriff is very generally elected by the people of the county; his term is not usually limited to one year, but may be two or thi-ee, as prescribed by the local law. He is usually paid by fees, which are numerous, and amount in the aggregate, in counties where the volume of judicial business is large, to a considerable sum. His judicial duties are not important; the duty of presiding at an inquest by a sheriff's jury being the chief one remaining. He has numerous and varied duties, — generally performed by deputy, — of a ministerial nature, in aid ot the courts of record; such as serving or levying process, making arrest, summoning a jury, rendering ministerial service to the court, and enforcing execution of the judgment. The Scotch sheriff differs from the English, being, from ancient times, an office of important judicial power, as well as ministerial. The sheriff exercises a juiisdiction of considerable extent, both of civil and criminal character, which is, in a proper sense, judicial; in addition to powers resembling those of an English sheriff.

Tomlins; Bell. Sheriff, as used in Oreg. Civ. Code, § 110, subd.

1, is a generic term, and comprehends constable.

Hume v. Norris, 5 Oreg. 478.

The term sheriff, used in a statute declaring duties of that officer, may include a coroner, when there is a legal objection to the sheriff.

De Wit v. Decker, 9 N../.

L. 148. from the sheriff.

Skinner v. White, 9 N. H. 204.

Sheriffs court

The court formerly held by the sheriff of an English county, or his deputy, either in virtue of a writ of inquiry to assess the damages which the plaintiff has sustained in an undefended action, or to try issues sent to him for that purpose by a writ of trial; also, particularly, a court of this description, more lately known as the city of London court.

Sheriffs jury

A jury usually summoned by a sheriff, for trial, before himself, of an inquest or other inquiry.

Sheriffs sale

A sale of property, conducted by a sheriff, or sheriff's deputy, in virtue of his authority as an officer holding process; such as a sale of property seized on execution, or of perishable goods taken under an attachment. An auction sale by a sheriff, under agreement of the parties on mesne process, and without advertisement or legal precept therefor, is not within the expression, a sheriff's sale. Batchelder u.

Carter, 2 Vt. 168.

Sheriffs tourn

The name of an English court of record, formerly held twice in every year, within a month after Easter and Michaelmas, before the sheriff, in different parts of the county; being, indeed, only the turn of the sheriff to keep a court-leet in each respective hundred. This was, in its time, the great court-leet of the county; but it is now disused.