sheriff's powers and duties
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 59 U.S. 396 - Daniel South John Stouffer Jacob Fiery Daniel Middlekauff Senior and John Brewer v. The State of Maryland Use of Jonathan W Pottle · 1855Most cited · 120 citing opinions
The powers and duties of the sheriff are usually arranged under four distinct classes:— 1. In his judicial capacity, he formerly held the sheriff's tourn, or county courts, and performed other functions which need not be enumerated. 2. As king's bailiff, he seized to the king's use all escheats, forfeitures, waifs, wrecks, estrays, &c. 3. As conservator of the peace in his county or bailiwick, he is the representative of the king, or sovereign power of the State for that purpose. He has the care of the county, and, though forbidden by magna charta to act as a justice of the peace in trial of criminal cases, he exercises all the authority of that office where the public peace was concerned. He may upon view, without writ or process, commit to prison all persons who break the peace or attempt to break it; he may award process of the peace, and bind any one in recognizance to keep it. He is bound, ex officio, to pursue and take all traitors, murderers, felons, and other misdoers, and commit them to jail for safe custody. For these purposes he may command the posse comitatus or power of the country; and this summons, every one over the age of fifteen years is bound to obey, under pain of fine and imprisonment. 4. In his ministerial capacity he is bound to execute all processes issuing from the courts of justice. He is keeper of the county jail, and answerable for the safe-keeping of prisoners. He summons and returns juries, arrests, imprisons, and executes the sentence of the court, &c.