'delayed; I will truly returu, and truly serve all the king's So help me God. The bailiffs are also to be appointed by the sheriff in every Appointment hundred, as his servants, and they are to execute all writs di- of bailiffs. rected to the sheriff by virtue of the sheriff's precept or warrant within the hundred. They are also to collect post fines, fee-farms of the king, and the like, for the sheriff. They are also to attend justices of assize, gaol delivery, and justices of peace in every of their courts and sessions. Under Sher. Off. 84. And by 27 Eliz. c. 12. s. 2, such bailiff, or other person returning juries, or intermeddling with processes, shall take the following oath of office before a judge of assize, or the custos rotulorum, or two justices of the peace. (1 Qu.)* IAB shall not use or exercise the office of bailiff corruptly, during the time that I shall remain therein, neither shall or, will accept, receive, or take, by any colour, means or device whatsoever, or consent to the taking of any manner of fee or reward of any person or persons, for the impanelling or returning of any inquest, jury, or tales, in any court of record, for But a special bailif, or one employed by the sheriff for a particular time only, is not obliged to take the cath. Jene, 49. Sheriff not to sell offices. Sheriff's offi the king, or betwixt party and party, above 2s. or the value thereof, or such fees as are allowed and appointed for the same by the laws and statutes of this realm; but will according to my power truly and indifferently, with convenient C speed, impauel all jurors, and return all such writ or writs "touching the same, as shall appertain to be done by my duty of office, during the time that I shall remain in the said of 'fice.' So help me God. And persons acting before they have taken the said oath shall forfeit 404. half to the king, and half to him that shall sue in the sessions or other court of record. s. 4. 6. And if they commit any act contrary to their said oath, they shall forfeit, in like manner, to the party grieved his treble damages. s. 5. And by 1 Hen. 5. c. 4, they that be bailiffs of sheriffs one year, shall be in no such office by three years next following (except in London, Middlesex, Durham, Westmoreland, and towns being counties of themselves). By 4 Ilen. 4. c. 5, the sheriff shall not let his bailiwick to farm. Also by 3 Geo. 1. c. 5, none shall buy, sell, let, or take to farm the office of under-sheriff, gaoler, bailiff, or other office, pertaining to the office of high sheriff, on pain of 500%. half to the king, and half to him that shall sue in two years. s. 10. By 1 Hen. 5. c. 4, no under sheriff, sheriff's clerk, recers not to act ceiver, nor sheriff's bailiff, shall be attorney, in the king's as attornies, courts during the time that he is in office with any sheriff. nor he put on jurics. Sheriff to at And by 23 Hen. 6. c. 10, the sheriff shall return none of his officers upon any inquest, on pain of 401. half to the king, and half to him that shall sue in the sessions or else where. By 4 Hen. 4. c. 5, the sheriff in person shall continue within tend this office his bailiwick. singly. The authority And it hath been holden, that a sheriff cannot be elected knight of the shire for that county for which he is sheriff. 4 Inst. 48. Also by 1 Mar. sess. 2. c. 8, no sheriff shall excrcise the of fice of a justice of the peace, in any county wherein he is sheriff, but in all such cases his acts shall be void. But though the sheriff is to forbear. the execution of his commission for the peace so long as he is sheriff; yet as he is a principal conservator of the peace within his county, he may ex officio award process of the peace, and take surety for it; and it seems the better opinion, that the security so taken by him is by the common law looked upon as a recognizance, or matter of record, and not as a common obligation. 2 Hawk. c. 8. s. 4.. The authority of a sheriff is judicial or ministerial. Comyn's of the sheria. Dig. tit. Viscount, C. 1. The judicial authority of a sheriff, consists in holding the County court and tourn. Comyn's Dig. tit. Viscount, C. I. For the sheriff hath a jurisdiction both in criminal and civil cases; and for this purpose he hath the above courts. His tourn for criminal matters, which is therefore the king's court; the other, his county court, is for civil causes, and this is the court of the sheriff himself. 3 Salk. 322. The ministerial office of sheriff is as follows: 1. He is bound to execute and return all writs and process to him directed. Dyer, 61. a. Comyn's Dig. tit. Viscount, C. 4. And he is the same officer to the court of King's Bench, as the constable is to the justices of the peace. Salk. 175. 2 Ld. Raym. 1195. Fortes. Rep. 129. He shall also, having a justice of peace's warrant directed to him, execute the same; but he need not go in person to execute it, but may authorize another to do it. 2 Hawk. c. 13. $. 29. 2. Also the sheriff on summons, is bound to attend the ses sions of the peace, there to return his precepts, to take the charge of all the prisoners who shall be committed to him, and also to receive fines for the king and the like. 2 Hawk. c. 8. $.53. 3. He is also to keep and collect the rights and revenues of the king within his county. Mad. 242. And therefore he may ex officio seize, and take to the king's use, the profits of all lands within his county, come to the king by descent, remainder, reverter, or escheat, or by attainder for treason, petit treason, or felony, or where the king is intitled by office found. Mad. 242. 634. Comyn's Dig. tit. Viscount, C. 4. suppres Also if there be any rebellion, insurrection or riot, or any In what cases affray, unlawful assembly, or breach of the peace within the the sheriff may county, the sheriff may take the raise the posse comitatus for the posse comitatus. sion of it. Cromp's Sher. 204. 209, 210. So if there be an invasion by the king's enemies, he may raise the posse comitatus. Comyn's Dig. tit. Viscount, C. 2. He may also raise the posse comitatus, if he finds it necessary for the apprehending of traitors, felons, and like offenders, whe ther it be within a franchise or without; and so he may, if he finds resistance in the execution of the king's writ, or any process. Comyn's Dig. tit. Viscount, C. 2. And the sheriff in all such cases may require the aid of all persons above fifteen, and able, within his county. Comyn's Dig. tit. Viscount, C. 2. And so may the under-sheriff, or his known bailiff, having the sheriff's warrant. Comyn's Dig. tit. Viscount, C. 2. For the anthority of the sheriff in the execution of ses- For the sheriff's authority in regard to the keeping of Hh For the punishment of sheriffs suffering escapes, see title ESCAPES. For the manner of reimbursing sheriffs who pay the rewards for convicting felons, see title FELONS, head ix. For cases wherein sheriffs may justify homicide in the execution of their office, see title HOMICIDE, head i. s. 2, 3. SHIPS. Navigation By 12 Car. 2. c. 18, and several subsequent acts, British acts. ships importing goods of the growth, production, or ma nufacture of Asia, Africa or America, are required to be navi gated with a master and three fourths of the mariners British subjects; and the like ships, importing certain goods particu. larly enumerated and described in the said acts, are required to be in like manner navigated, under the penalty of forfeiture of all such goods as shall be loaden and carried in any such ship or vessel, with the ship or vessel, and all her guns, ammunition, tackle, and apparel. But it is further enacted by 34 Geo. 3, c. 68, that after the expiration of six months from the conclusion of the present war, to be notified in the London Gazette, no goods whatever shall be imported or exported on board any vessel registered as a British vessel, unless such vessel shall be navigated by a 'master and three fourths at least of the mariners British sub. "jects.' s.1, 2. 13. Also from and after the same time, no vessel registered as a British ship, in any of the ports of Great Britain, Guernsey, Jersey, or The Isle of Man, or any of the colonies, shall be navigated but by a master and three fourths at least of the ma. riners British subjects, except as after. S. 3. Also from and after the same time, no goods, wares, or merchandizes whatever, shall be carried from one port or place of Great Britain, or of the islands of Guernsey, Jersey, Alderney, Sark or Mun, to any other port of the same, or of any of them, in any vessel; nor shall any such vessel be permitted to sail in ballast from one of the said ports to another, nor shall any Bri tish vessel be permitted to sail from this kingdom, or Guernsey, Jersey, Alderney, Sark or Man, to be employed in fishing on the said coasts, unless such vessel shall be wholly and solely "manned with and navigated by a master and mariners all Bri'tish subjects.' But four of the commissioners of customs in England may licence any such fishing vessel to have on board any foreign mariners, not exceeding one fourth of the mariners on board, for the purpose of instructing the British in the art of fishing or taking or curing fish. s. 4. And the proportion of British mariners shall be so during the whole voyage, unless in case of sickness, death, desertion, or of the whole or part of the crew being taken prisoners, in which case the master shall specify the same in his report. But this act is not to affect any regulation relating to the fisheries, made by any former acts. 8. 5. seamen, No person shall be deemed to be qualified to be the master Who shall be of a British ship, or to be a British mariner, except natural deemed British born subjects, or persons naturalized: denizens, or persons become subjects by virtue of conquest or cession of country, and who shall have taken the oath of allegiance, or oath of fidelity required by treaty. $. 6. But every foreign sailor, seaman, or mariner, who shall have served, or who shall serve, on board any of his majesty's ships or vessels of war, in time of war, for the space of three years, either in one ship, or in different ships, and who shall have ob tained a certificate thereof, and of his faithful service from the captain or commander, or, in case of his death, of the officer next in rank; and who shall also have taken the oath of 'allegiance to his majesty before some justice of the peace or 'principal magistrate of some city or town in his majesty's do'minions,' or before the principal officer of customs in any port of his majesty's dominions, and who shall obtain a certificate 'from such justice of the peace, principal magistrate, or chief officer, of his having taken such oath,' which certificate they are to give upon the payment of 1s. and no more, he shall from and after the conclusion of the present war, be entitled to be employed as master or mariner on board any British ressel. But no such foreigner shall be so employed, unless he shall have delivered the said certificate of service, and the certificate of having taken the oath of allegiance, to the collector or chief officer of customs in the port of London, or in the ports of Chatham, Portsmouth or Plymouth, to be there filed by the chief officer, who is to deliver to such foreigner an attested copy thereof, upon paying 1s. and no more. s. 7. But no person qualified to be a master or British mariner, Penalty on disby birth, naturalization, denization, conquest, or service, as qualified parbefore mentioned, and who has taken or shall take any oath sons acting. ' of allegiance to any foreign sovereign or state whatsoever,' for any purpose whatsoever, except under some capitulation apon the conquest of any of the dominions of his majesty, by an enemy, and for the purpose of obtaining the benefit of such capitulation only, shall be deemed qualified to be the master of a British vessel, or a British mariner, within the meaning of any of the laws of navigation, unless he shall have taken such oath of allegiance before he became so qualified; and 'any person See sec. 12 of this act, infra. |