And he cannot excuse himself from executing any precept because of resistance, for he is authorized by statute to take the power of the county in aid of him.*

offices.

He has the appointment of the gaoler upon Cannot sell a vacancy, of the under-Sheriff, and of the bailiffs. But he cannot dispose of any of these offices for money, for "none shall buy, sell, let, or take 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 within two years.t

turn his

"And the sheriff shall not return any of his Cannot reofficers upon the inquest, on pain of £40, half officers upon to the king, and half to him that shall sue in inquests. the sessions, or else where.'

When a Sheriff goes out of office, the custody of the county gaol is immediately vested in his successor, who of course becomes responsible; and all writs and processes, remaining unexecuted at the expiration of his shrievalty, he is directed by statute to turn over to his successor by indenture and schedule, who is compellable to execute and return the same.§

* 13 Edw. 1. St. 1. c. 39.

† 3 Geo. c. 15.

23 Hen. 6. c. 10.

§ 20 Geo. 2. c. 37.

Clerk of the peace.

son, and

THE CLERK OF THE PEACE is an essential and constituent part of every Session of the Peace. He is appointed by the Custos Rotulorum of the County, but amenable to the Justices in Session for the execution of his du. ties, which are various and important. Primarily, they consist in issuing the processes, and recording the proceedings of the Court; but there are various others imposed on him, as well by custom and the necessity of the thing, as by many positive statutes.

Under commissions by charter, such as in cities and corporate towns, the person who fills an analogous office, and whose duties are mostly similar, has usually some other title than that of "Clerk of the Peace," generally that of "Town Clerk;" and his appointment is usually in the disposal of the Body Corporate whose officer he is, and not in that of the Custos Rotulorum of the County.

To be a suf- It is directed by statute, that the Clerk of ficient per- the Peace be an able and sufficient person remay appoint sident in the county; but he may appoint a dea deputy. puty with the like qualities, but to be approved and allowed by the Custos Rotulorum.*

May not

We have seen that the Custos Rotulorum is purchase his forbidden to sell the office; and by the same authority the Clerk of the Peace is prohibited from purchasing it, under like penalties; viz.

office.

* 37. Hen. 8. c. 1.

"that if he shall give any reward, fee, or profit directly, or indirectly, or any bond or other assurance to him or to any other person, for such appointment, he shall be disabled from holding the office, and shall moreover forfeit double the value of the thing given for the appointment, to whomsoever shall sue for the same in any of the Courts of Westminster."*

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66

The Form of the Appointment.

"Whereas the Office of the Clerk of the

“ Peace for is now vacant, by the death of -, esq. late Clerk of the Peace for the "said county, NOW KNOW ALL MEN by these presents, that the Right Hon. Thomas Earl Custos Rotulorum of the said County of- hath nominated, consti"tuted, and appointed, and by these presents "doth nominate, constitute, and appoint « O. B. esq.a person skilful in the laws of

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England, and now inhabiting and residing "within the same county, to be Clerk of the "Peace of the said county, to have, hold, "execute, and enjoy the office of Clerk of “ the Peace of the county aforesaid, by him"self or his sufficient deputy; and by him"self or such deputy to have, receive, and "take to the use of him the said O. B. all fees, wages, perquisites, advantages, emo

*1 Wm. & Ma. c. 21.

Appoint

ment.

Cannot be

appointed in

manner.

66

luments, and appurtenances whatsoever to "the said office belonging, or in any wise ap"pertaning, for and during so long a time as "the said O. B. shall well behave and demean "himself in the said office ;-in testimony "whereof, the said Thomas Earl of

"hereunto set his hand and seal, the

66

66

day of ——, in the

hath

year of the reign "of our sovereign lord George the third, now king of the united kingdom of Great Bri"tain and Ireland, and in the year of our "Lord

And the Custos cannot appoint him in any any other other manner than as prescribed by the statute; for if he does he is no Clerk of the Peace; as if he appoint him during pleasure, instead of for so long as he shall well demean himself, he does not execute the authority given him by the act, and so his nominee is no Clerk of the Peace.*

Has an es

The statute having directed that he shall tate for life enjoy his office "so long as he shall well demean himself," he has of course an estate for

in the office.

life, or freehold, in the office, on the mere condition of behaving well; therefore if he perform the condition he cannot be dispossessed. nor is his estate forfeited by the death or removal of the Custos.†

* 12 Mod. Rep. 42.

+4 Mod. Rep. 167, 173, 293,

Misbehavi

"But if he shall misbehave himself in his office, the Justices of the Peace in their general quarter session, or the major part of them, on our in his complaint in writing exhibited against him, office. may upon examination and due proof thereof, openly in the said session suspend or discharge him and in such case the Custos Rotulorum shall appoint another person to the office; and in case of refusal or neglect so to appoint before the next general quarter session, the Justices then and there assembled may appoint one.”*

:

It is not possible to adduce examples of all the means by which a Clerk of the Peace may be said to be guilty of misbehaviour in his office, so as to forfeit his situation, but extortion has been decided to be one of them, insomuch, that upon proof in a summary way, either at the same, or any other sessions to which the matter may be adjourned, he may be superseded or discharged.†

And the order of Session removing him, need not set out the evidence on which it is founded.+

And every Clerk of the Peace, before he enters upon his office, shall in open session take the following oath ;§

* 1. Wm. &. Mar. c. 21.

+ Mod. Cas. 192.

Strange's Rep. 996

§ 1 Wm. & Mar, c. 21.