he dethroned Richard II. and assumed the title of King Henry IV. By a parliamentary act the succession to the duchy was to remain to him and his heirs, as if he had not attained the royal dignity. In the reign of Edward IV. this duchy, on the attainder of Henry VI., was declared to have become forfeited to the crown, and an act was passed to incorporate the duchy of Lancaster, to continue the county palatine, and to make the same parcel of the duchy, and to vest the whole in Edward IV. and his heirs, kings of England. Henry VII., however, obtained an act vesting the inheritance of the whole duchy in the king and his heirs, separate from the possession of the crown, as Henry IV. had held it. The county has its own chancery court holden by the Chancellor of the Palatinate or his deputy. To this court belong matters relating to certain large sections of ground in London surrounding the city of Westminster. As Lancaster has its own chancellor, the writs of the Lord Chancellor of England have no force within that district. The assize judges sit in Lancaster by force of a special commission under the seal of the chancery of the duchy. These judges constitute also the court of pleas at Lancaster. The procedure in these courts assimilates with that followed at Westminster. "Counties corporate" are cities and towns which, with their district, constitute an independent "county." The officials of the counties surrounding these town-districts possess no official power within their circuit. Such corporate towns are London, York, and Bristol. CHAPTER II. THE SHERIFF AND HIS SUBORDINATES. Nomination of Sheriff.-Official Powers.-Under-Sheriff.-Deputy-Sheriff. UNDER the Normans the sheriff, or royal provost was the highest crown official in the county; he was invested with military command in time of war, administered the royal domains, was chief officer of the revenue, and exercised legal jurisdiction. As revenue official, he was bound to appear twice annually in the exchequer. In Saxon times, the sheriffs were, as a rule, chosen by the county courts; after the conquest, sheriffs received office either by royal nomination or by election. By 28 Edward I. c. 8, it is apparent that the office was in certain counties hereditary. The Earl of Thanet was hereditary sheriff of Westmoreland till his death in 1849.* In Durham, down to 1836, the bishop exercised the duties. The city of London has also the shrievalty of Middlesex vested in it by charter. 9 Edward II. stat. 2, abolished the popular right of election; even prior to the reign of this sovereign the sheriff might have been displaced at any moment; in the year 1170, for instance, many sheriffs were ousted. By virtue of several old statutes sheriffs are to continue in their office no longer than a year; but a sheriff may be appointed durante bene placito, and so is the form of the royal writ; therefore, until a new sheriff be named his office cannot be determined. No one that has served the office for a year can be compelled to serve again within three years after, if there be other sufficient person in the county. The statute 23 Henry VI. enacted, that on the morrow of All This office may descend to and be executed by a female; for Anne, Countess of Pembroke, had the office of hereditary sheriff of Westmoreland, and exercised it in person. Souls', yearly, the sheriff's should be appointed by the sovereign for each county. Only Huntingdon and Cambridge possess at the present day one and the same sheriff. The judges, together with the other great officers and privy councillors, now meet in the exchequer on the morrow of St. Martin yearly, and then and there the judges propose three persons to be reported, if approved of, to the Queen. Ordinarily commoners only are put forward as candidates. On the third of February, in the ensuing year, a pro formâ sitting of the privy council takes place, where the sheriffs are pricked or nominated by the sovereign; such candidates only being selected as the ministry has previously chosen. When the crown, in case of urgency, for instance in the time of a plague, avoiding the presentation of a list, nominates independently a so-called "pocket-sheriff," this is not regarded as contravening the law. This right of the crown was, however, contested by the judges under Henry VI.; and only in the reign of Elizabeth has the case of such a nomination occurred without such previous presentation. If a sheriff die in office, the appointment of another is the mere act of the crown. A pocket sheriff is, however, usually appointed, in case a vacancy should occur during the course of the official year. The discharge of the office is, in general, compulsory upon the party chosen; and if he refuse to serve, having no legal exemption, he is liable to indictment or information. No person shall be assigned for sheriff unless he have sufficient lands within the county to answer the crown and the people. This is the only qualification for the office.* In his bailiwick he is the king's bailiff, and is bound to take heed lest the crown be despoiled of its royalties, and to lay an embargo on chattels, wrecks, etc., which are either without an owner or heir, or which have been confiscated. His official powers are partly of a judicial, partly of a ministerial nature; in the former capacity, writs may be directed to him for the trials of issue out of the inferior courts where the debt or demand does not exceed £20; he has also judicial power in the assessment of damages under writs of inquiry, on interlocutory judgments; his criminal jurisdiction in pleas of the crown (placita corona), having been withdrawn by Magna Charta. There has remained to him a petty penal authority which he shares with * Stephen's Blackstone, ii. 634. the justices of the peace. Through the abolition of the old countycourts he has furthermore lost his authority to determine suits of a minor nature. In civil causes he is to arrest and take bail; when the cause comes to trial he must summon and return a jury; when it is determined he must see the judgment carried into execution. He is liable to an action for the negligence or improper discharge of his duty, at the suit of the party grieved. In criminal matters also, he arrests and imprisons, returns the jury, has the safe keeping of the delinquent and executes the sentence of the court, though it extend to death itself. In case of repeated disturbance of possession a special writ may be issued to him to determine jointly with a jury the damage, and to seize the intruder and imprison him by the body. On the ground of private acts a sheriff frequently determines with the aid of a jury respecting indemnification to be made in cases of expropriation. As keeper of the queen's peace, both by common law and special commission, he is the first man in the county and superior in rank to any nobleman therein during his office. He is bound to execute all civil and criminal processes issuing out of the superior courts; and, in this respect, is considered as an officer of these courts. He is bound to pursue murderers and other great felons, and may require all the commoners of his county above fifteen years of age to render him assistance (posse comitatús). Fines and recognizances forfeited to the crown are received by him and accounted for. He superintends the election of knights of the shire and coroners, and proclaims outlawries and the like. On the expiration of his office he has to deliver to his successor a correct list of all prisoners in his custody, and of all unexecuted process. By 3 and 4 Will. IV. c. 42, every sheriff is bound to appoint a sufficient deputy, having an office within a mile of Inner Temple Hall, for the receipt of writs, granting warrants thereon, making returns thereto, and accepting all rules and orders made as to the execution of any process or writ addressed to the sheriff. The under-sheriff is ordinarily an attorney, and usually performs all the duties of the office. He acts in the name of the sheriff, and, together with the bailiffs, enters into sureties for the due execution of the duties, and hence is called "bound bailiff;" which name, says Blackstone, "the common people have corrupted into a much more homely appellation." The sheriff is |