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He is unable, however, to try any criminal offence, and cannot act as an ordinary justice of the peace during his tenure of office.

As a keeper of the king'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 his county to attend him; these form the posse comitatús, or power of the county.

In his ministerial capacity he executes all writs and other process directed to him from the courts; he summons and returns the jury for all trials, and is responsible for the due execution of the judgment of all courts, civil or criminal, from the exaction of 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, strays, &c.

SHERIFFS IN SCOTLAND, although performing the various executive duties which devolve on the English Sheriff, differ in many important points. Thus the Scottish Sheriff is a paid judicial functionary, possessing within his county a jurisdiction, which, though limited in criminal matters, is extremely extensive in civil causes. Each county has one principal Sheriff who is nominated by the Crown, holds the office during good behaviour, must be an advocate of at least three years' standing, receives a salary of from £350 to £1200 a year, and cannot act as counsel in any cause from his own county, which comes before the superior courts. Each Sheriff is entitled to name one or more substitutes, who, though paid by the government, are nominated by the Sheriff, and the latter is held responsible for their acts. The elections for members of Parliament both in boroughs and counties are conducted by the Sheriff, and he also acts the part of the English revising barrister by deciding on claims for enrol ment in the list of voters. The amount of interest at stake does not limit the causes heard before the Sheriff in his

court of record: all personal actions, all actions relating to the possession of real property, as between tenant and landlord, all admiralty, and some consistorial actions, are in the first instance decided by him. The decisions of the Sheriff's substitute may be brought before the principal Sheriff by appeal, and over the judgments of both these judges the Court of Session may be called on to review the case. The Sheriff holds also a small debt court, in which no counsel or solicitor is allowed to practise.

THE SHERIFFS IN IRELAND differ in no material respect from the corresponding functionary in England.

THE CUSTOS ROTULORUM, as his name implies, is entrusted with the custody of the rolls and records belonging to the sessions of the peace. The office is of considerable dignity and importance in the county, and bears the same rank in civil affairs, that the Lord Lieutenant enjoys in military matters. Notwithstanding that these offices are so distinct in their duties, they have of late years been frequently combined, on account of the fact, that whoever is fitted by his station and wealth to occupy the one, is equally competent to discharge the duties appertaining to the other. The appointment is made by royal sign manual under the authority of which the Lord Chancellor issues his commission. As the duties of the office consist in the custody of the rolls of session, the Custos is compelled to attend that court personally, or by deputy. His deputy is the clerk of the peace, and to this office the Custos Rotulorum is empowered to appoint " a sufficient person residing within the county." The clerk of the peace, though thus appointed, may however be removed by the justices, to whom he is really responsible for the performance of the duties of his office. To be in constant attendance at the court of quarter sessions, to notify its sittings, issue its process, and record its proceedings, appear to be the most important of the duties devolving upon this deputy of the Custos Rotulorum; but there are many others connected with the progress of business during the actual course of the sessions, which it would be out of place here to enter upon.

THE CORONER. Of equal antiquity with the Sheriff, and commissioned for the same preservation of the peace, is the Coroner, whose name (in Latin Coronator) is derived from his being principally engaged with the pleas of the Crowa, as they are technically called; that is to say, with matters in which the Crown would be public prosecutor. The Lord Chief Justice of the Queen's Bench is the principal Coroner of the kingdom, and is competent to the performance of the duties of that functionary in any part of the realm; but for the ordinary administration of this office, there are Coroners for every county varying in number from one to seven, in accordance with the extent of this jurisdiction.

As the sheriffs anciently were elected, so the Coroner still is chosen by all the freeholders in the county court, for which purpose the sheriff receives a writ, expressy commanding that such a person be elected who may have the knowledge, the ability, and the will to administer the duties of this office, qui melius et sciat et velit est posit officio illi intendere. The Coroner's election is for life, but he may be removed by special writ for various reasons therein specified; as being appointed to the incompatible office of Sheriff, being incapacitated by age or ill health, or not possessing an estate within the county of sufficicat value to answer fines for misbehaviour, or to maintain the dignity of the office. Extortion, neglect, or improper con-luct will also justify the removal of this officer. By statute 3 Edw. I. c. 10), it is declared that none but lawful and discreet knights should be chosen ; but the holding of a knight's fee (viz. lands of the value of £20 per annum) is a sufficient qualification, whether the person be knighted or not. By the same statute, the receipt of any salary or pecuniary recom pence for the performance of the office is placed under a heavy penalty; yet for many years coronerships have been sought on account of their income more than for the dignity or honour they may be supposed to impart. When any pr son is killed, expires suddenly, or dies in prison, it is the Coroner's duty to hold "an inquest," or inquiry, as to the causes of death; to commit to prison for trial the persons found guilty by the verdict of his jury; and to attend to the

lands or other property which may become forfeited by the event. When a supposed shipwreck occurs, it is a branch of his office to inquire whether it be a wreck or not, and to discover who may be in possession of the goods. It also forms part of his duty to investigate the circumstances attendant on the finding of treasure, to ascertain where it is, and to hold to bail any person suspected of concealing it.

Whenever the sheriff is suspected of partiality, as, for instance, when he has an interest in a given suit, or is related to the parties, then the writs are directed for execution to the Coroner instead of to the sheriff; and this practice is of course adopted with stronger reason when the sheriff is actually a party to the suit.

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