12. Return of non est inventus on an execution, 278 POWER AND DUTY OF SHERIFFS. SHERIFF. A. Of the nature of the office, appointment and qualifications. a 1. Of the Office of Sheriff generally. THE sheriff is the chief executive officer of the county. He is the principal conservator of the peace for his jurisdiction, and has power to call to his aid the posse comitatus or physical force of the county. It is an of fice of high trust, and has continued from times of remote antiquity.a In Massachusetts, however, no such officer existed previous to the Provincial Charter of 1692. In England he is clothed with extensive judicial powers which are much restricted in this state. And although the custody of the county here as well as in Great Britain is committed to his care, yet with us his duties are principally ministerial, derived from statute, and the usages of the common law. He cannot assign over or farm out his office, but he must execute it in person, or by his deputy for the fees established by lawb. He is not liable to have his body arrested in any civil action, either on mesne process or execution.c 2. Appointment and tenure. He is appointed by the governor and council, and holds his office during their pleasure, subject, however, to be removed by impeachment before the senate.d He is also liable to removal for neglecting to renew his bonds to the state treasurer in certain cases, and by neglecting for the space of forty days after notice to pay the amount of any execution against himself. He is to be sworn in the same manner as other public officers are. a See Note A. 65. M. R. 396, ch. 6. Art. I. and amdt. VI. fSt. 1783. ch.44. ch. 23. cStat. 1783. ch. 44. Cons. eStat. 1794. ch. 53. and 1824. |