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THE SHERIFF receives the charge of the county under letters patent, direct from the monarch;
though in ancient times he was appointed by the freeholders of the county. The office is held for
one year, formerly it was held for a much longer period.
In his judicial capacity, the sheriff resides at the county court, and by him all county meetings
are summoned; the election of the county members, and of the coroners, is conducted by him, and he
makes a return of those duly elected. He is unable, however, to try any criminal offence, and cannot
act as an ordinary justice of the peace during his term of office. As a keeper of the Queen's peace
he is strictly the first man in the county, and superior to every noble within the shire. In the
preservation of the peace he is armed with ample powers, and for his assistance he may command all
the people of the county to attend him; these form the posse comitatus.
In his ministerial capacity he executes all writs and other processes directed to him from the
courts; he summons and returns the juries for all trials, and is responsible for the due execution
of the judgment of the courts, civil or criminal,—from the exaction of a farthing damages to
the execution of capital punishment. As the king's bailiff, the rights of the crown are in his
especial custody: he must seize all lands devolving on the crown by attainder
or escheat, levy all fines, take charge of all waifs or strays, etc.
The History and Topography of the Counties of Cumberland and Westmoreland.
Whellan, William, Ed. London: Whittaker & Company, 1860. 67-8.
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This page was created on April 11, 2023.
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