Wikipedia

High sheriff

Ahigh sheriffis a ceremonial officer for eachshrieval countyofEngland and WalesandNorthern Irelandor the chiefsheriffof a number of paid sheriffs inU.S. stateswho outranks and commands the others in their court-related functions. In Canada, the High Sheriff provides administrative services to the supreme and provincial courts.

The office existed in theIrish Free State,but was abolished in 1926.

InEngland and Wales,the offices of high sheriff were created at the direction of theLocal Government Act 1972incepting on 1 April 1974. The purpose was to distinguish sheriffs of counties proper from sheriffs of cities and boroughs designatedcounties corporate.The office is now an unpaid privilege with ceremonial duties, the sheriffs being appointed annually bythe Crownthrough awarrantfrom thePrivy Councilexcept forCornwall,where thehigh sheriffis appointed by theDuke of Cornwall(currently thePrince of Wales) and forMerseyside,Greater ManchesterandLancashire,where they are appointed by the monarch in the right of theDuchy of Lancaster.In England and Wales the office's civil (civil judgement) enforcement powers exist but are not exercised byconvention.

The website of the High Sheriffs’ Association of England and Wales stated in 2021 that the role was a "non-political Royal appointment", for one year, and unpaid.[1]

England, Wales, and Northern Ireland

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High sheriffs in the United Kingdom customarily wear velvetCourt Dresssuits on formal occasions.

In England, Wales and Northern Ireland the high sheriff (or in the City of London the sheriffs) are theoretically the sovereign's judicial representative in the county,[citation needed]while thelord-lieutenantis the sovereign's personal and military representative. Their jurisdictions, theshrieval counties,are theceremonial counties.The post contrasts with that ofsheriffin Scotland, who is a judge sitting in asheriff court.

The wordsheriffis a contraction of the termshirereeve.The term, from theOld Englishscīrgerefa,designated a royal official responsible for keeping the peace (areeve) throughout a shire or county on behalf of the king.[2][3]The term was preserved in England notwithstanding theNorman Conquest.

English historians have offered varying estimates as to when the office of the sheriff was established.[4]According to historian George Molyneaux, "the late tenth century is a very plausible period for the introduction of sheriffs, especially in the south."[4]The office reached the height of its power under the Norman kings. While the sheriffs originally had been men of great standing at court, the 13th century saw a process whereby the office devolved on significant men within each county, usually landowners.[5]TheProvisions of Oxford(1258) established a yearly tenure of office. The appointments and duties of the sheriffs in England and Wales were redefined by theSheriffs Act 1887.[6]Under the provisions of theLocal Government Act 1972,on 1 April 1974, the office previously known as sheriff was retitledhigh sheriff.[7]

The serving high sheriff submits a list of names of possible future high sheriffs to a tribunal which chooses three names to put to the sovereign. The nomination is made on 12 November every year and the term of office runs from 25 March,Lady Day,which was the first day of the year until 1751. No person may be appointed twice in three years unless there is no other suitable person in the county.[citation needed]

Nomination

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TheSheriffs Act 1887(as amended) provides that sheriffs should be nominated on 12 November (Martinmas), or the Monday following if it falls on a Sunday, by any two or more of theChancellor of the Exchequer,theLord President of the Council,and theLord Chief Justice of England;other members of thePrivy Council;and any two or more judges of theHigh Court.[8]These amendments were in 1998, the Chancellor of the Exchequer was granted full entitlement, not merely conditional entitlement, if there is noLord High Treasurer– since the treasurership is byconstitutional conventionalways placed into commission, and in 2006 the Lord Chancellor was removed as a nominating officer through the operation of theConstitutional Reform Act 2005.[9]

These officers nominate three candidates for each county inEngland and Wales(with the exception ofCornwall,Merseyside,Greater ManchesterandLancashire), which are enrolled on aparchmentby theKing's Remembrancer.[10]

Eligibility for nomination and appointment as high sheriff under the Sheriffs Act 1887 excludes peers of Parliament, members of the House of Commons, commissioners or officers ofHis Majesty's Revenue and Customs,officers of the Post Office and officers of the Navy, Army or Royal Air Force on full pay, clergymen (whetherbeneficedor not) and barristers or solicitors in actual practice.[11]

Pricking

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The practice ofprickingis an ancient custom used to appoint the high sheriffs of England and Wales.

In February or March of each year, two parchments prepared the previous November are presented to theSovereignat a meeting of the Privy Council. A further parchment is drawn up in November for Cornwall and presented to theDuke of Cornwall(or to the sovereign when there is no such duke).[12]

Certain eligible persons (High Court judges and the Privy Council) nominate candidates for each countyshrievalty,one of whom is chosen for each by the sovereign. In practice, the first name on the list is nowadays always the one chosen; the second and third names tend to become sheriffs in succeeding years, barring incapacity or death. The sovereign signifies assent by pricking (i.e., piercing) the document with a silverbodkinby the relevant name for each county, and signs the parchment when complete. The parchment for the Duchy of Lancaster is known as theLites,and the ceremony of selection known asPricking the Lites.[13]The termlites,meaninglist,was once reserved forYorkshire;[14]the date at which the name was transferred to Lancashire is unknown.[according to whom?][15]The Lites is used for the threeshrieval countiesthat fall wholly or partially within the boundaries of the historiccounty palatine of Lancaster,since 1 April 1974:Lancashire,Greater Manchester,andMerseyside.[13]

The practice is believed to date back to a year in the reign ofElizabeth I,when, lacking a pen, she decided to use her bodkin to mark the name instead. By contrast,Lord Campbellstated, perhaps without the intention of publication, in February 1847, "[it began] in ancient times, sir, when sovereigns did not know how to write their names." while acquiring a prick and a signature fromQueen VictoriaasPrince Albertasked him when the custom began.[16][17]The High Sheriffs' Association argues pricking vellum ensured that the record could not be altered. Given that holders of the office often had to bear large costs and implement unpopular policies altering the choice of the monarch must sometimes have been tempting.[18]

Declaration

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The declaration a person must make before taking the office of high sheriff is contained in the second schedule of the Sheriffs Act 1887.[19]Additional words are inserted in the case of the Duchy of Cornwall; for example, the declaration includes: "do solemnly declare that I will well and truly serve the King’s Majesty and also his Royal Highness the Duke of Cornwall".[19]

Responsibilities

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Contemporary high sheriffs have few genuine responsibilities and their functions are largely representational, which include attendance at royal visits and aHigh Courtjudgeopening ceremony,[clarification needed]proclamation of a new sovereign, and acting as areturning officerincounty constituenciesduring elections.[20]

Theoretical responsibilities include the well-being and protection of High Court judges, and attending them in court; and the maintenance of the loyalty of subjects to the Crown.[21]However, most of the high sheriff's work is delegated (for example, the local police now protect judges and courts) so that in effect the post of high sheriff is essentially ceremonial.

The high sheriff was traditionally responsible for the maintenance oflaw and orderwithin the county, although most of these duties are now delegated to the police.[20]As a result of its close links with law and order the position is frequently awarded to people with an association with law enforcement (former police officers,lawyers,magistrates,judges). The high sheriff was originally allowed to kill suspects resisting arrest;[citation needed]this was still legal in the 17th century.Edward Cokenoted that when the high sheriff employed constables to assist in his duties the law was also extended to them.[22]

Powers

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Under the provisions of theSheriffs Act 1887,if a sheriff finds any resistance in the execution of a writ he shall "take with him the power of the county" (known asposse comitatus), and shall go in proper person to do execution, and may arrest the resisters and commit them to prison, and every such resister shall be guilty of amisdemeanor.[23]

Exceptional counties

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City of London

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There are twosheriffs of the City of London,elected annually by theCity of Londonliverymen;their function is similar, but not equivalent to that of high sheriff, since the Sheriffs Act 1887 contains the saving"Nothing in this Act shall affect the privilege of the mayor, commonalty, and citizens of the city of London to elect the sheriffs of London".Thesheriffs of Londonalso served as sheriffs forMiddlesexuntil 1889 when the office ofHigh Sheriff of Middlesexwas created.[24]

Cornwall

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The Duchy of Cornwall's first charter in 1337 states that theShrievalty of Cornwall,the right to appoint the sheriff for the county, is vested in theDuke of Cornwall.[25]Two further charters, dated 18 March 1337 and 3 January 1338, state that no sheriff of the king shall enter Cornwall to execute the king'swrit.[citation needed]The High Sheriff of Cornwall swears to serve both the reigning monarch and Duke of Cornwall (i.e., thecrown prince).[citation needed]When there is no Duke of Cornwall, the Duchy Council still sits, but under the trusteeship of the English (since 1707, British) monarch. Only as Duchy Trustee can the monarch appoint the Sheriff of Cornwall. Nomination and appointment generally takes place duringHilary,and announced via theDuchy of CornwallOffice.[26][failed verification][27][28]

Durham

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TheHigh Sheriff of Durhamwas appointed by thePrince-Bishop of Durhamuntil 1836, when the jurisdiction of thecounty palatinebecame vested in the Crown.[29]Since then the high sheriffs of Durham have been appointed in the same way as other high sheriffs in England and Wales.[30]

Isle of Ely

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After an act of Parliament in 1535/6 ended thepalatinestatus of the Isle, the bishop remainedcustos rotulorumand appointed a chief bailiff for life to perform the functions of high sheriff within the liberty.

Lancashire

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The right to nominate and select high sheriffs in Lancashire is vested in themonarchin right of theDuchy of Lancaster.[27]Before 1974, this right applied only to theHigh Sheriff of Lancashire,but since theadministrative changesof theLocal Government Act 1972(effective 1974), theHigh Sheriff of Greater ManchesterandHigh Sheriff of Merseysidealso come under the jurisdiction of theDuchy of Lancaster.As with other counties in England, three names are nominated to theChancellor of the Duchy of Lancasterfor Lancashire appointments;[31]the chancellor presents these to the monarch with his recommendation in a private audience.[32]New appointments are usually announced duringHilary.[27]

London and Middlesex

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Wales

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The nomination of sheriffs in the counties of Wales was first vested by statute in theCouncil of Wales and the Marchesand the Welsh justices underHenry VIII.With the abolition of the Council in 1689, the power of nomination was transferred to the justices of theCourt of Great Sessions in Wales.When this court was abolished in 1830, its rights were in turn transferred to the courts ofKing's Bench,Exchequer,andCommons Pleas.[33]Finally, by an act of Parliament[which?]of 1845, the nomination and appointment of sheriffs in Wales was made identical to that in England.[27]

Canada

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InNewfoundland and Labrador,theHigh Sheriff of Newfoundland and Labradoris primarily responsible for providing administrative and enforcement services to theSupreme Court of Newfoundlandand theProvincial Courts.The Office of the High Sheriff administers the jury system, provides court security and executes orders and decisions of the court. These Officers act in the name of the Sheriff in accordance with directions given them and the law. They include bailiffs, Deputy Sheriffs, fee-for-service Deputy Sheriffs, and all other employees and staff of the High Sheriff. Sheriff's Officers have both the power and the duty to carry out orders of the Court. They are peace officers under theCriminal Code of Canadaand have all the powers and protection of law enforcement officers.

Ireland

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The Sheriffs (Ireland) Act 1920 restricted the duties of the high sheriff to summoning of the countygrand juryand attending the judge atassizes.[34]The office continues to exist inNorthern Ireland.

In theIrish Free StatetheCourts of Justice Act 1924abolished the grand jury and the assizes;[34]and the office of high sheriff was formally abolished by the Court Officers Act 1926.[35]The office of under-sheriff was due to be phased out under the 1926 act, but in 1945 was retained and renamedsheriff.[36]

United States

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The position of high sheriff in the United States generally denotes the superior sheriff in astate,or the head of a statewide sheriff's department. Such a position exists inRhode Island(executive high sheriff),[37]andHawaii.InNew Hampshire,the ten high sheriffs are the senior law enforcement officers of eachcounty,and havepolicepowers throughout the state.[38]

TheCherokee Nationformerly appointed a high sheriff, who was also the warden and treasurer of theCherokee National JailinOklahoma.[39][40][41]The position was created in 1876,[41]after the abolition of theLight Horse.[40]The first Cherokee high sheriff wasSam Sixkiller,appointed in 1876.[40]

See also

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References

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  1. ^About
  2. ^"sheriff".Online Etymology Dictionary.
  3. ^William A. Morris, "The Office of Sheriff in the Anglo-Saxon Period",English Historical Review(1916) 31#121 pp. 20–40in JSTOR
  4. ^abMolyneaux, George (2015).The Formation of the English Kingdom in the Tenth Century.Oxford University Press. pp. 180–182.ISBN978-0-19-102775-8.
  5. ^Carpenter, David(1996)."The Decline of the Curial Sheriff in England, 1194-1258".The reign of Henry III.Continuum International Publishing Group. pp. 151–182.ISBN1-85285-137-6.
  6. ^"Sheriffs Act 1887".statutelaw.gov.uk.Archived fromthe originalon 30 September 2007.Retrieved30 January2016.
  7. ^"Sheriffs appointed for a county or Greater London shall be known as high sheriffs, and any reference in any enactment or instrument to a sheriff shall be construed accordingly in relation to sheriffs for a county or Greater London." ("Government Act 1972: Section 219".[permanent dead link‍])
  8. ^"Sheriffs Act 1887, Original Version".Ministry of Justice (United Kingdom).Retrieved16 October2008.
  9. ^"Sheriffs Act 1887, Current Version".Ministry of Justice (United Kingdom).Retrieved16 October2008.
  10. ^"The Queen's Remembrancer and High Sheriffs".Archived fromthe originalon 12 May 2014.Retrieved1 September2008.
  11. ^anon (1961).The High Sheriff.London: The Times Publishing Co. Ltd. p. 16.
  12. ^"The High Sheriffs' Association".highsheriffs.Archived fromthe originalon 24 September 2015.Retrieved30 January2016.
  13. ^ab"Palatine High Sheriffs".The Duchy of Lancaster. Archived fromthe originalon 25 June 2008.Retrieved2 October2008.
  14. ^"Memorabilia"(PDF).Notes and Queries.13 July 1929.Retrieved2 October2008.[dead link‍]
  15. ^"High Sheriffs".Archived fromthe originalon 26 August 2005.Retrieved26 August2005."Archived copy".Archived fromthe originalon 3 July 2008.Retrieved3 July2008.{{cite web}}:CS1 maint: archived copy as title (link)
  16. ^"Late For Dinner"(PDF).query.nytimes.Retrieved30 January2016.
  17. ^Tytler, Sarah (15 January 2007).Life of Her Most Gracious Majesty the Queen.BiblioBazaar.ISBN9781426422102.
  18. ^"History of High Sheriffs".Archived fromthe originalon 2 July 2012.Retrieved7 January2018.
  19. ^ab"Sheriffs Act 1887, Schedule 2".legislation.gov.uk.Retrieved30 January2016.
  20. ^ab"The Office of High Sheriff".High Sheriffs' Association of England and Wales.Archived fromthe originalon 3 July 2008.
  21. ^Stephen, James Fitzjames (2005).A General View of the Criminal Law of England.
  22. ^Holdsworth p.604
  23. ^"Sheriffs Act 1887, section 8".statutelaw.gov.uk.Retrieved22 October2020.
  24. ^"highsheriffs".highsheriffs.Archived fromthe originalon 28 January 2016.Retrieved14 January2016.
  25. ^A Charter of 1337at legislation.gov.uk
  26. ^"Contact Details".The Duchy of Cornwall.Retrieved30 January2016.
  27. ^abcdAtkinson (1854), p. 9
  28. ^Churchill & Bruce (1879),p. 5
  29. ^Churchill & Bruce, p. 6
  30. ^"High Sheriff – Durham County History".highsheriffs.Archived fromthe originalon 4 March 2016.Retrieved30 January2016.
  31. ^Churchill & Bruce, pp. 4–5
  32. ^"NWDA Chairman appointed as High Sheriff of Lancashire".Northwest Regional Development Agency. Archived fromthe originalon 24 May 2011.Retrieved17 October2008.
  33. ^Atkinson (1839), p. 15
  34. ^abKevin O'Higgins,Dáil debates Vol.14 No.15 Col.140711 March 1926
  35. ^"Court Officers Act, 1926".Irish Statute Book.Attorney-General of Ireland. 9 July 1926. pp. Section 52: Abolition of High Sheriff.Retrieved3 February2011.
  36. ^
  37. ^"State of Rhode Island: Division of Sheriffs".sheriffs.ri.gov.Retrieved30 January2016.
  38. ^New Hampshire Revised Statutes Annotated104:6. For the office generally, see the whole of Title VII of RSA and Article 71 of theNew Hampshire Constitution.
  39. ^Julie L. Reed,Serving the Nation: Cherokee Sovereignty and Social Welfare, 1800–1907(University of Oklahoma Press: 2016).
  40. ^abc"Sixkiller, Sam" in Robert J. Conley,A Cherokee Encyclopedia(University of New Mexico Press: 2007), p. 215.
  41. ^abLaurence Armand French,Native American Justice(Burnham: 2003), p. 176.

Sources

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