Page:The American Cyclopædia (1879) Volume XIV.djvu/876

 850 SHERLOCK SHERMAN sequent use of the property by the owner with the officer's permission, when no harm is done to th goods by the using, or even a resump- tion of the possession by the owner for the purpose of making a delivery subject to the officer's attachment, does not vacate this at- tachment. A warehouse may be broken into in order to make an attachment of goods de- posited there. Goods in a store are well at- tached by locking the door and taking the key. Shares of stock may be attached by leaving an attested copy of the writ and of the return of the attachment with the treasurer or other clerk of the corporation at the business office. The duties of the sheriff in respect to the draw- ing of jurors, the service of summonses or sub- poenas, and other incidents of the trial of causes, are treated elsewhere. (See JCRY, and SUB- PCKNA.) When judgment is docketed in a civil suit against a defendant, it is the sheriff's busi- ness to levy the execution which thereupon issues at the instance of the plaintiff. Subject in some respects to the direction of the plain- tiff or his attorney, it is the officer's duty to secure the amount of the execution, or the portion of it directed to be collected. If the defendant will not upon request satisfy by payment the amount of the judgment, the sheriff proceeds to satisfy it by the seizure of any goods of the defendant which can be found within the county. The levy may be made at any time before the return day of the execu- tion, but it is expedient to make it at once lest there be any alienation of the property. Any property supposed to belong to the defendant and found in his possession, even though he asserts that it has been sold, mortgaged, or otherwise encumbered, ought to be levied upon by the officer ; for if he neglects to do so, he assumes the responsibility of showing that it was in fact exempt ; and yet if he does levy and the defendant's statement was indeed true, he becomes liable as trespasser to the real owner or party holding a prior lien, and therefore he has a right to demand indemnity in any such case. In order to make a valid levy, the prop- erty ought to be present or in the view of the officer, and he should do some act to signify his claim to control it henceforth. Making a memorandum upon the execution, making an inventory of the goods, or taking a receipt for them from some responsible party, may per- haps be a sufficient indication of a levy. The sheriff may not break into a house to make a levy, but he may enter if the door is open, and remain a reasonable time. The levy in the case of real property, where the statute does not make the judgment itself a sufficient lien, is made by mere indorsement on the exe- cution. Property taken on execution, whether real or personal, is regularly exposed by the sheriff to sale by public auction ; and the sher- iff can sell such property only for cash. SHERLOCK. I. William, an English clergy- man, born in Southwark about 1641, died in Hampstead, June 19, 1707. He was educated at Eton and at Peter house, Cambridge, and became rector of the parish of St. George, Bo- tolph lane, London, in 1669, prebend of St. Pancras in the cathedral of St. Paul's in 1681, master of the Temple in 1684, and dean of St. Paul's in 1691. He refused the oaths of alle- giance to William and Mary, and was suspended from his preferment, but at length submitted and took them. The principal of his numer- ous works are : " Case of the Allegiance due to the Sovereign Powers," " Vindication of the Doctrine of -the Trinity," and "A Practical Discourse on Death." II. Thomas, an English prelate, son of the preceding, born in London in 1678, died there, July 18, 1761. He was ed- ucated at Catharine hall, Cambridge, of which college he became master. In 1704 he was made master of the Temple, in 1714 vice chan- cellor of the university, and in 1715 dean of Chichester. For his opposition to Dr. Hoadley in the Bangorian controversy he incurred the royal displeasure, and in 1717 was removed from the list of the king's chaplains. He was made bishop of Bangor in 1728, of Salisbury in 1734, and of London in 1748. His works consist principally of sermons, and were pub- lished in 5 vols. 8vo in 1880. Of his "Pas- toral Letter," published after the earthquake in 1750, nearly 100,000 copies were printed. SHERMAN. I. A central county of Nebraska, intersected by Loup fork ; area, 576 sq. m. ; pop. in 1 875, 496. It has been recently formed, and is not included in the census of 1870. It consists mostly of prairies. II. An unorgan- ized N. W. county of Kansas, bordering on Colorado ; area, 900 sq. m. It is drained by affluents of the Republican river. The surface consists of undulating prairies. SHERMAN, a city and the county seat of Gray- son co., Texas, situated in a plain, 12 m. S. of Red river, 240 m. N. N". E. of Austin, and by rail 878 m. N. by W. of Galveston and 632 m. S. W. of St. Louis; pop. in 1870, 1,439, of whom 490 were colored ; in 1875, estimated by local authorities at 7,000. It is at the junc- tion of the Houston and Texas Central railroad with the Transcontinental branch of the Texas and Pacific railroad, is regularly laid out, and has many substantial brick buildings, some of them with iron and stone fronts. A court house of brick and stone, to cost about $80,000, is in course of construction (1875). Sherman supplies several counties with merchandise, and ships large quantities of cotton, hides, &c. It contains an iron foundery, five flouring mills, a cracker factory, a tobacco factory, a soap factory, two banks, ten schools, three news- papers (one daily), and eight churches. SHERMAN, Roger, an American statesman, born in Newton, Mass., April 19, 1721, died in New Haven, Conn., July 23, 1793. He was a shoemaker till after he was 22 years old. In 1743 he removed to New Milford, Conn., where with a brother he kept a small store. In 1745 he was appointed surveyor of lands for the county, and for several years after 1748 he