Page:The Green Bag (1889–1914), Volume 10.pdf/463

 428

between them. The sheriff for Cornwall is appointed by letters patent of the Prince of Wales as Duke of Cornwall. The sheriff of Lancashire is not pricked, but appointed at a separate time by the Queen as owner of the duchy. In Middlesex, the office is exe cuted by the sheriff of London, who is a nominee of the corporation. In Westmore land it was hereditary in the Earls of Thanet, but the exception ceased to exist with the extinction of the title. For Durham, the Bishop used to officiate as " Keeper of the Queen's peace," but the matter is now in the hands of the Crown. Sometimes a sheriff is appointed whose name does not appear in the list at all, and is assigned to the county on the sole authority of the Crown. Such a one is called a " pocket-sheriff" in common parlance, on the analogy, per haps, of the old " pocket-boroughs." Jt may be imagined that the recipient of the unexpected and burdensome honor would be aghast at the exercise of the prerogative, but no protest seems ever to have been made, and there can be no doubt that " pocket " ap pointments are quite legal, if the authority of Blackstone is not out of date. The tacit as sumption we are making is, of course, that no one would accept the office who could help it; and that because if it is not, in Ful ler's words, " a burden without honour," at least the honor is too burdensome. The case is not one of conscience, as happened with the London sheriffdom when the Test and Corporation acts were in force. It is said that the Mansion House was built with funds raised by fines for refusing to take office, which were incurred by Dissenters; and it may well be believed that a round sum was raised if the fine was as large as it is now, — namely, four hundred and thirteen pounds six shillings and eight pence, with an extra penalty of two hundred pounds if the origi nal sum is not paid in a certain time. It cannot be said that the office is an unimpor tant one; as chief officer of the Crown in every county the sheriff has much to do. He

is accorded every external mark of respect, ranking before any nobleman in the county, and taking precedence even of the lordlieutenant; so that he is not without honor in his own land. Why, then, are men so backward to fill this high place in our polity? The answer is simple; the place is accompanied with too extensive a responsi bility, and too great expense. No salary is at common law attached to it; so men of means must be chosen, much on the prin ciple of picking out the fattest goose for kill ing. The unfortunate dignitary is liable to, he cannot guess how many, actions at the instance of those whom his officers and ser vants have wronged without his knowledge. If a wrongful distress be levied, or a mis taken arrest made, on him falls all the blame, and from him must come the monetary com pensation. Of such outgoings he can make only a doubtful forecast; but there are, in addition, certain and unavoidable calls on his purse, which he must ruefully grin and bear. On him falls the weight of the lodging and protection of the judges at the time of the Assizes. If sufficient police-constables are provided, all is well; but even by the recent act of 1887, if the police fail, the sheriff must have sufficient men in livery to keep order and protect the judges. In Scotland, on the other hand, the sheriff is a county judge, with jurisdiction both civil and crimi nal, and is chosen from the practising advo cates or barristers. To understand how much useless and un necessary expense attended the office of old, we must turn to a statute of Charles II. which prescribes a reform in this regard; enacting that no sheriff shall hereafter keep any table at the Assizes except for his own family, or give any presents to the judges or their ser vants (fancy " tipping" a judge), or — this remarkable act proceeds — have more than forty men in livery. Yet it is ordained that, for the sake of safety and decency, he may not have less than twenty men in livery in England, and twelve in Wales. No ordin