Page:Black's Law Dictionary (Second Edition).djvu/1091

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


SHERIFF

His principal duties are in aid of the crim- lnal courts and civil courts of record; such as serving process, summoning juries, ex- ecuting judgments, holding judicial sales, and the like. We is also the chief conservator of the peace -within his territorial juris- diction. See Suite v. Finn, 4 Mo. App. 352; Com. v. Martin, 9 Kulp (Pa.) 69; In re Ex- ecutive Communication, 13 Fla. 6517; Pearce v. Stephens, 18 App. Div. 101, 4.‘: N. Y. Supp. 499- Denson v. Sledge, 13 N. C. 140; Hoc-

liett v. Alston. 110 Fed. 912, 49 C. C. A. 180.

In English law. The sheriff in the pricnipal officer in every county, and has the transacting of the public business of the county. He is an ollicer of great antiquity, and was also called the “shire-reeve." “reeve." or "bailiff." He is called in Latin "viceco-mes," as being the deputy of the earl or comes, to whom anciently the custody of the shire was committed. The duties of the sherm! 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 some office under the English law, being, from ancient times, an office of important judicial power, as well as ministerial. The sheriff exercises a juris- diction of considerable extent, both of civil and criminal character, which is, in a proper sense, judicial. in addition to powers resanhllng those of an Eugilsh sheriff. Tornlins; Bell.

—Deputy sherifl. See DEPUTY.—High slierifi. One holding the office of sherifi, as distinguished from his deputies or assistants or under shi=ril'Es.—I-‘oeket sherifl. In English law. A shciifi 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 Ste Comm. 23.-Sherifl clerk. Tho clerk of the sherlif’s court in Scot- lsnd.—S‘Iierii¥ rlepnte. In Scotch law. The principal sheriff of a county, who is also a judge.—Sherl.lf—geld. A rent formerly paid by a. sheriff, and it is prayed that the sheriff in his account may be discharged thereof. Rot. Purl. 50 Edw. III.—-Sheri}?-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 sheriifs diet. Whnrton.—-She:-ii¥'s court. The court held before the sherii1"s deputy. that is, the under-sherifl, and wherein actions iii-e brought for recovcry of debts under £20. Writs of inquiry are siso brought here to be executed. The sherilI‘s court for the county of Middlesex is that wherein damages are assessed in proper ¢-nses after trial at Vfiiestminster. Brown.-She:-ifl's Jury. In practice. A jury composed of no dc terminate number, but which may be more or less than twelve, summoned by the sherifi for the purposes of an inquisitinn or inquest of of- hce 3 Bl. Comm. 258.-«Slim-i.ff's officers. Bailiifs, who are either bailiffs of hundreds or hound-bailifis.-—Sheriif’s sale. See SALu.—- 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 tourn 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, forvthe ease of the sheriff, was taken the court-leet or view of frank-pledge. 4 BL Comm. 273.

SHERIFFALTY. The time of a man's being sheriff. (lowell. The term of a sheriifs office.

SHERIFFWICK. The jurisdiction of 8. sheriff. (Jailed, in modern law, "l)ililiWlCl{." The office of a sheriff.

SHERRERIE. A word used by the nuthorities of the Roman Church. to specify contemptuousiy the technical parts of the law, as administered by non-clerical lawyers. Wharton.

SE1-1W]-IR. In the practice of the English high court, when a view by a jury is ordered, persons are named by the Court to show the property to be Viewed, and are hence called “shewers." There is usually a shewer on behalf of each party. Archb. Pr. 339, ct seq.

SHEWING. In English law. To be quit of attachment in a court, in plaints shewed and not avowed. Obsolete.

SHIITING. Changing; varying; passing from one person to another by substitution. “Shifting the burden of proof" is transferring it from one party to the other, or from one side of the case to the other. when he upon whom it rested originally has made out a gzrimiz fiwie case or defense by evidence, of such a character that it then becomes incumiient upon the other to rebut it by contradictory or defensive evidence. —Shi£ting clause. A shifting douse in a settlement is a ciuuse by which some other mode of devolution is substituted for that primarily prescribed. Examples of shifting clauses are: The ordinary name and aims dsuse, and the ciause of less frequent occurrence by which a settled estate is destined as the foundation of a second family. in the event of the elder branch becoming otherwise enriched. These shifting clauses take effect under the statute of uses. Sweet.—S]iii’ting risk. in insurance, a risk created by :1 contract of in- zurance on a stock of merchandise, or other sini- iar property, which is kept for sale, or is subect to change in items by purchase and sale; he policy being conditioned to cover the goods n the stock at any and _sll times _zi_nd not to be affected by cllunfizrs in its composition. Farmers‘, etc., Ins. Ass'n v. Kryder. 5 lnd. App. 430. 31 N. E. 851. 51 Am. St. Rep. 28-1.— Shifting severnlty. See SEVEBALTY.-— Shifting use. See USE.

SHILLING. In English law. The name of an English coin, of the value of onetwentieth part of a pound. This denomination of money was also used in America, in colonial times, but was not everywhere of uniform value.

SHIN-PLASTER. Formerly, a jocose term for a bank-note greatly depreciated in

value; also for paper money at a denomina-