militia is embodied, and his duties then devolve on the under-sheriff.1

By whom sheriff is appointed.-By the earliest law ascertainable, a sheriff was appointed by the county; but a statute of Edward III. enacted, that he should be nominated by the Chancellor of the Exchequer, Treasurer and Chief Baron, and the judges. A meeting of these high officers, called a meeting for the pricking of sheriffs,2 is held on the morrow of St. Martin, when three persons are selected, and out of this list the crown nominates one. And the crown cannot nominate any one except from such selected list. In the City of London, however, the office is a freehold and belongs to the citizens. The clerk of the Privy Council, after the nomination, makes out a warrant, which confers all the powers of the office on the person selected. The sheriff, when entering on his office, is required to take an oath, the form of which is prescribed by statute; and this oath enumerates a great variety of general duties of loyalty and integrity connected with his office.6

3

Sheriff refusing to serve.-If a person nominated refuse to take upon himself the office of sheriff, he is liable to an information or to indictment, since the refusal causes a stop to justice. And it was even held that if he was unable by reason of excommunication to take the oaths and act, then he was liable to be fined for not getting rid of the obstacle, so as to serve. He continues in office only for one year, for it was deemed likely to lead to oppression if he held so important an office longer. It has been held a misdemeanour, if he do not reside in his bailiwick.10 And one who has served the office shall not serve it again for three years, if there be another competent to act.11 It was complained of in the time of Edward VI., that the sheriff was often impoverished by the expenses of his office, and some rough mode of reimbursement was described, though

1 38 & 39 Vic. c. 69, § 94.

2 14 Ed. III. st. 1, c. 7.

32 Inst

5 3 & 4

559; Jenk. 229. 4 23 Hen. VI. c. 8; Bac. Abr. Sheriff. Will. IV. c. 99, § 3. 63 Geo. I. c. 15, § 18; 3 & 4 Will. IV. c. 99, 6. 7 R. v Woodrow, 2 T. R. 731. 8 R. v Read, 2 Mod. 299. 14 Ed. III. st. 1, c. 7; 28 Ed. III. c. 7 ; 23 Hen. VI. c. 8; 3 Geo. I. c. 15, § 21. 10 Long's Case, 3 St. Tr. 233.

11 1 Rich. II.

Before the

apparently never systematically acted on.1 time of Charles II., the sheriffs were expected to keep an open table at the assizes, and to make presents to the judges for their provisions, and gratuities for their officers, and to keep up much state; but the sheriffs were in that reign by statute prohibited from indulging in this profuse hospitality, and from keeping more than forty men, or less than twenty men-servants in livery at the assizes, and the penalty for disobedience of the statute was 2001.2

Compulsory municipal officers.-The duties relating to self-government in municipal boroughs must be discharged as well as those relating to the administration of justice, and a species of compulsion as to some of these offices still exists, and has existed from the most ancient times. The obligation to serve municipal office was, indeed, once enforcible by serious punishments. It is stated in old laws of the Cinque Ports that, if a person refused to serve as mayor or as jurat, which latter was an office corresponding to bailiff, justice, and overseer all in one, the people were to go to his house, and oust him as well as his wife and children, then close the windows, seal up and sequestrate the goods, till he submitted. And sometimes his house was pulled down and razed to its foundations. It is to this day an essential feature of municipal government, that officers should exist from year to year; and the High Court will enforce by mandamus the election of the usual officers, if the machinery is allowed to stand still; all which machinery is fully described in the modern municipal corporation statutes.*

Every person who is qualified and who has been elected to the office of alderman, councillor, auditor, or assessor, and every councillor who has been elected to the office of mayor, must accept such office or pay a fine, not exceeding fifty pounds in the former cases, and 1007. in the last case.3 And on payment of a like fine a person may resign any of such offices. The qualification is defined by the statutes and usually consists in the possession of real or personal estate within the borough. If the fine is not paid, a justice may grant a warrant to enforce payment by distress, 3 1 Lyon's 5 5 & 6 Will. IV.

6

1 2 & 3 Ed. VI. c. 4. 2 14 Ch. II. c. 21, § 1. Dover, 203. 4 7 Will. IV. & 1 Vic. c. 78, § 26. c. 76, § 51. 6 7 & 8 Will. IV. c. 104, § 8.

and if the goods are insufficient, then imprisonment may follow, but it is not to exceed two calendar months.1 Infirmity of mind or body will be a good ground of exception, and so will the age of sixty-five years or upwards, or a previous service of the same office within five years previous.2 This punishment of those who refuse to accept municipal offices is prescribed by recent statutes; but there is also a remedy by indictment or criminal information at common law for this neglect, and even a mandamus will be the ultimate punishment, to disobey which is to be liable to imprisonment. As, however, the statute has prescribed an appropriate punishment, the court, in exercise of its discretion, will naturally refuse to help the parties by giving them another remedy.*

Compulsory office of constable.-The office of constable, though of high antiquity, has in modern times been confined to a more limited range of persons than its importance seems to require. The laws of Alfred in effect made it compulsory that every ten freeholders should choose an annual officer, called a constable, who was head of his decenary, and was sworn in before the feudal lord, or if there was no feudal lord, before the sheriff, and a like officer for the hundred was called the high constable.5 There were afterwards doubts as to the power of choosing the constable. And a woman was equally bound to serve this office or to find a substitute. When justices of the peace were appointed in the time of Edward III., they naturally took the charge of this class of officers, who were pre-eminently peace officers, and their own ministers and servants, and appointed them when the sheriff or lord had failed to do so. And a statute of Charles II. recognised their right to do this. 6 When a constable was duly elected or appointed, he was liable to be fined for not serving, or he might be indicted. Certain persons, whose occupations were incompatible, were, as is usual, partly by the courts or by statute, exempted from the office. And a statute of William and Mary exempted Dissenters, who scrupled to take the oaths,

1 5 & 6 Will. IV. c. 76, §§ 51, 129.

2 Ibid. c. 76, § 51.

3 R. v Bower, 1 B. & C. 585; Vanacher's Case, 1 L. Raym. 499,

Carth. 400; R. v Leyland, 3 M. & S. 186. 11 Mod. 142; R. v Grosvenor, 2 Str. 1193.

R. v Hungerford, 5 Mirr. c. 1, § 3.

613 & 14 Ch. II. c. 12, § 15. 7 2 Hawk. P. C. c. 10, § 46.

from serving, if they found a deputy. The office of high constable was abolished in 1869.2 And the only persons now compelled to serve the office of constable are parish constables and special constables. But parish constables are seldom so compelled, since the supply of competent and willing persons can easily be secured without this compulsion. It is now only when the quarter sessions deem it necessary to do so, that parish constables require at all to be appointed. When so required, the justices make the appointment, and the person chosen becomes, on being served with a warrant of appointment, liable to serve the office. Every ablebodied man resident in the parish, between the age of twenty-five and fifty-five, and rated at a sum of four pounds, is liable so to serve. The overseers are charged with the duty of furnishing proper lists of the qualified persons, and each serves the office for a year, and need not serve again, till all the other qualified persons have served their turn.5 If he fail to serve or do not find a qualified substitute, he still may be summarily fined or indicted. And yet the constable is not compelled by law to remain in his parish for the whole year. And though formerly the office was gratuitous, except that many fees were due for services rendered, it is now usually by express resolution made a paid office, and the payment made out of the poor-rate in places other than boroughs. In boroughs and counties constables are not compulsory officers, but are appointed at their own request, and are paid on terms agreed.

8

Compulsory office of special constable.-But while there are few common constables now compelled to serve in that capacity, there are special occasions when a tumult or riot is apprehended, and when patriotism demands that power shall be given to justices to select, and that the persons selected by them shall be compelled to serve. These are called special constables. Whenever two or more justices, on the oath of a credible witness, are satisfied that a tumult, riot, or felony has taken place, or may be reasonably apprehended, the justices may nominate and appoint as many as they think fit of the householders or other 11 W. & M. c. 18. 2 32 & 33 Vic. c. 47. 3 35 & 36 Vic. 4 5 & 6 Vic. c. 109, § 5. 1; R. v Lone, 2 Str. 920; 8 35 & 36 Vic. c. 92.

c. 92.

c. 55, § 7 Ibid.

5 Ibid. 6 33 Geo. III. R. v Brain, 3 B. & Ad. 614.

1

persons not legally exempt from serving the office of petty constable. These persons are to act as special constables, so long as the justices think fit, for the preservation of the public peace, for the protection of the inhabitants, and the security of property. Moreover a secretary of state may for good reasons direct the lord lieutenant to cause special constables to be appointed and sworn throughout any part of the county, for a time not exceeding three months, and may signify that no person shall be excused by reason of any exemption.2 If a person nominated a special constable refuse to take the oath, or refuse to attend at a place for taking it, unless he can prove sickness or unavoidable accident, a penalty of five pounds is imposed on him for each default. And after the appointment the refusal to obey lawful orders and directions is punishable in like manner.4 In boroughs and cities the same power to appoint special constables, who are compelled to serve, is given to justices." But in both counties and boroughs a reasonable sum is paid to the special constable for his trouble, loss of time, and expenses; and this is paid out of the county rate and borough fund respectively."

Compulsory office of churchwarden.-The office of churchwarden is one which relates exclusively to the Established Church, and it may be wondered how it can be ranked among compulsory offices, seeing that there is now no legal obligation to attend the church, or rather, non-attendance there cannot be punished, as it once was. And a vast number of the population, under the name of Dissenters, provide, attend, and manage chapels of their own dedicated to public worship; and these are wholly unconnected with the Established Church, and, indeed, repudiate all connection with it. Nevertheless, the constitution of this country, as at present arranged, includes an Established Church, which is subjected to restrictions professedly intended for the public good. The Church and its

1 1 & 2 Will. IV. c. 41. 5 5 & 6 Will. IV. c. 76, § 83. Will. IV. c. 76, § 83.

7 It is, indeed, singular that the Church should once have thought of compulsory priests. In the early ages of Christianity, while popular elections prevailed in the Church, we read of persons being ordained against their will, and monks being seized by force and

VOL. I.

I I