Sheriff

In American law. The chief executive and administrative officer of a county, being chosen by popular election. His principal duties are in aid of the criminal courts and civll courts of record; such as serving process, summoning juries, executing Judgments, holding judicial sales, and the like. He is also the chief conservator of the peace within his territorial jurisdiction. See State v. Finn, 4 Mo. App. 352; Co.m. v. Martin, 9 Kulp (Pa.) 69; In re Executive Communication, 13 Fla. 687; Pearce v. Stephens, 18 App. Div. 101, 45 N. Y. Supp. 422; Denson v. Sledge, 13 N. C. 140; Hoc-kett v. Alston, 110 Fed. 912, 49 C. C. A. 180.

In English law. The sheriff is the principal officer in every county, and has the transacting of the publlc business of the county. He is an officer of great antiquity, and was alse called the "shire-reeve," "reeve," or "bailiff." He is called in Latin "vice-comes," as being the deputy of the earl or comes, to whom anciently the custody of the shire was committed. The duties of the sheriff principally consist in executing writs, precepts, warrants from justices of the peace for the apprehension of offenders, etc. Brown.

In Scotch law. The office of sheriff differs somewhat from the same office under the English law, being, from ancient times, an office of important Judicial power, as well as ministerial. The sheriff exercises a jurisdiction 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.

— Deputy sheriff. See Deputy.
-High sheriff. One holding the office of sheriff, as distinguished from his deputies or assistants or under sheriffs.

— Pocket sheriff. In English law. A sheriff appointed by the sole authority of the crown, without the usual form of nomination by the judges in the exchequer. 1 Bl. Comm. 342; 3 Steph. Comm. 23.

— Sheriff clerk. The clerk of the sheriff's court in Scotland.

— Sheriff depute. In Scotch law. The principal sheriff of a county, who is also a judge.

— Sherif-geld. A rent formerly paid by & sheriff, and it is prayed that the sheriff in his account may be discharged thereof. Rot. Pari. 50 Edw. III.

— Sheriff-tooth. In English law. A tenure by the service of providing entertainment for the sheriff at his county-courts; a common tax, formerly levied for the sheriff's diet. Wharton.

— Sheriff's court. The court heid bsfore the sheriff's deputy, that is, the under-sheriff, and wherein actions are brought for recovery of debts under £20. Writs of inquiry are also brought here to be executed. The sheriff's court for the county of Middlesex is that wherein damages are assessed in proper cases after trial at Westminster. Brown.

— Sheriff's jury. In practice. A jury composed of no determinate number, but which may be more or less than twelve, summoned by the sheriff for the purposes of an inquisition or inquest of office. 3 Bl. Comm. 258.
—-Sheriff's officers. Bailiffs, who are either bailiffs of hundreds or bound-bailiffs.

— Sheriff's sale. See Sale.

— Sheriff's tourn. A court of record in England, held twice every year, within a month after Easter and Michaelmas, before the sheriff, in different parts of the county. It is, indeed, only the turn or rotation of the sheriff to keep a court-leet in each respective hundred. It is the great court-leet of the county, as the county court is the court-baron ; for out of this, for the ease of the sheriff, was taken the court-leet or view of frank-pledge. 4 Bl. Comm. 273.

The chief civil execution of the laws with some judicial as of executing the process rests, etc. Sheriff's inquisition before a a sale by a sheriff or his process.

In Scots law. Sheriff depute: the principal

1 An officer who represents the administrative power of a State within one of its counties; an officer who executes the mandates of the courts of record within a county; the chief ministerial officer in a county. Sheriffalty. The office of sheriff. Shrievalty is about obsolete. An officer of great antiquity. In Latin, the,t;^cecomes, the deputy earl, to whom the custody of the shire was committed at the first division of the kingdom into counties. But the earls, in time, by reason of their high employments and attendance on the king's person, not being able to transact the business of the county, were delivered of that burden, reserving to themselves the honor, while the labor was laid upon the sheriff. So that now the sheriff does all the king's business in the county; and, though he is still called the vice-comes, he is entirely independent of the earl; the king by his letters-patent committing the care of the county to the.sheriff alone. =* He was the iiiimediate officer of the king within the shire; received his commission from the king, and directly represented the sovereign power. In this country his fimction has been similar, his relation to the sovereign power the same. He is the chief executive officer of the State in his county. In Missouri his office exists by'provisions of law and of the constitution. He obeys the mandate of the State in executing writs issued to him by the coiu-ts of his own and other counties. He is the State officer whose jurisdiction is ordinarily bounded by his own county.^ Originally, the office*was held by men of large estate, able to support the retinue of followers which the dignity of the office required, and to answer in damages for neglect of duty. Now, a bond with sureties is given as security for the execution of the duties therein named, all of which are chiefly ministerial.* In England, in his judicial capacity, he formerly held the sheriff's tourn or county court, and performed certain other functions. As king's bailiff, he seized all escheats, forfeitures, waifs, wrecks, estrays, etc.^ As conservator of the peace in his bailiwick, he represents the sovereign power: has Washb. E. P. 2(38-76; 2 Kent, 214; Tud. L. C. 482; 10 Conn. 448; 23 Ind. 28; 26 id. 251; 88 id, 418; 99 id. 190; 70 Iowa, 61; 15 B. Mon. 282; 18 id. 329; 7 Mete. 173; 16 Gray, 307; 24 Miss. 366; 59 id. 299; 40 N". H. 500; 1 N. J. L. 525; 40 Barb. 468; 5 R. I. 127, 276, 549; 6 id. 264; 7 id. 145, 383; 13 id. 630, 714; 11 Lea, 656; 21 Tex. 804; 22 id. 547; 16 Pa. 93; 36 id. 117; 45 id. 179; 50 id. 483; 64 id. 15; 70 id. 73, 335, 509; 75 id. 339; 83 id. 242, 377; 86 id. 386; 87 lU 144, 248; 91 id. 30. ^ Sax. shii-e, a part sheared off: a division, county; and reeve, a bailiff, officer,— 1 Bl. Com. 116, 117, 339; 56 Pa. 275. See Reeve. 2 1 Bl. Qom. 339, 117. 3 State ex rel. Beach v. Finn, 4 Mo. Ap. 352-53 (1877). 4 South V. Maryland, 18 How. 402-3 (1855), cases. care of the county; may make arrests upon view; may bind to keep the peace; may command the power of the county. In his ministerial capacity, he executes all processes issued from the courts: summons and returns juries; makes arrests upon warrants; and executes judgments and sentences.l The office exists in this countiy substantially as derived from England,— the details are matters of constitutional or statutory regulation. The sheriit is generally elected by the people of the county, tor a term of two or three years. Presiding at inquests is his chief j ud icial duty; his other du ties are ministerial, and generally performed by deputies. Obedience to all precepts committed to him is the ■whole of his duty; and hence, if they issue from competent authority, and with legal regularity, and so appear upon their face, he is justified for every action within the scope of. his command." His liab'ility varies with the conditions under which he acts. In some matters he stands as an insurer, warranting the practical perfection of his worlf. Thus, he is answerable for the escape of a prisoner in execution; he assumes to know the law, and must not, therefore, commit a legal mistake, and he cannot safely keep property seized in execution.^ Deputy sheriff. A person selected by a sheriff to assist him in discharging the duties of his office. An officer coeval with the sheriff himself. The appointment of deputies arose from the impossibility of the sheriff's performing all the duties of his office in person. It was very early decided that the deputy could execute any writ directed to the sheriff by the name of his cffice, and not by a particular name. A "deputy sheriff" is a general deputy, with powers as extensive as the sheriff can delegate. An "under sheriff " may mean a deputy sheriff.* A general deputy attends to all the ordinary duties of the office. A special deputy represents the sheriff in some special relation, as, in executing a particular writ. A general deputy executes all processes without special power from the sheriff; m some cases he may delegate authority, in the name of the sheriff, to a special deputy.^ See DEpnTY. High sheriff. Imports no more than the word " sheriff; " " high " is pleonastic. ' 1 Bl. Com. 313; 18 How. 401; Dow v. Humbert, 91 U. S. 300 (1875), cases. ' Watson D. Watson, 9 Conn. *146 (1832), Hosmer, C. J. Approved, Conner v. Long, 104 U. S. 238 (1881). See also 7 Mete. 269; 10 Cush. 46; 2 Gray, 410; 5 Wend, 170; 24 id. 483; 20 How. 65. ' s Strout V. Pennell, 74 Me. 262-63 (1882). « TUlotson V. Cheetham, 2 Johns.* 70, 73 (1806), Kent, Olripf Tii^l'if fi » Allen V. Smith, 12 N. J. L. 162 (1831); Gradle v. Hoffman, 105 111.' 153 (1882); Eeves v. State, 11 Lea, 186 Sheriff's inquest, or jury. A jury, in number not more than twelve, summoned by a sheriff, to hold an inquest of office or make other inquiry required by local law. See Inquest. Sheriff's sale. A sale of property by a sheriff or his deputy, in execution of the mandate of legal process. ^ See Sale, Judicial. See also Arrest, 2; Bailiwick; Capere; Corokeb; County; Escape, 2; Exigency; Marshal, 1 (2); Pe Ht ishable; Return, 2; Service, 6.

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.

The name of the chief officer of the county. In latin he is called vice comes because in England he represented the comes or earl. His name is said to be derived from the Saxon scyre, shire or county, and reve, keeper, bailiff, or guardian. The general duties of the sheriff are, 1st, to keep the peace within the county; he may apprehend, and commit to prison all persons who break the peace or attempt to break it, and bind any one in a recognizance to keep the peace. He is required, ex officio, to pursue and take all traitors, murderers, felons and rioters. He has the keeping of the county gaol, and he is bound to defend it against all attacks. He may command the posse comitatus, (q. v.)—2dly, in his ministerial capacity, the sheriff is bound to execute within his county or bailiwick, all process issuing from the courts of the commonwealth.—3dly. The sheriff also possesses a judicial capacity, but this is very much circumscribed to what it was at common law in England. It is now generally confined to ascertain damages on writs of inquiry and the like.