Blacks Law Dict. 1st ed

1091

SHIFTING USE

SHERIFF

in virtue of his authority as an officer hold ing process. SHERIFF'S TOURN. A court of rec ord in England, held twice every year, with in a month after Easter and Michaelmas, be fore the sheriff, in different parts of the coun ty. It is, indeed, only the turn or rotation of the sheriff to keep a court-leet in each re spective hundred. It is the great court-leet of the county, as the county court is the court-baron; for out of this, for the ease of the sheriff, was taken the court-leet or view of frank-pledge. 4 Bl. Comm. 273. SHERIFFALTY. The time of a man's being sheriff. Cowell. The term of a sher iff's office. SHERIFFWICK. The jurisdiction of a sheriff. Called, in modern law, "bailiwick." The office of a sheriff. SHERRERIE. A word used by the au thorities of the Roman Church, to specify contemptuously the technical parts of the law, as administered by non-clerical lawyers. Wharton. SHEWER. In the practice of the English high court, when a view by a jury is ordered, persons are named by the court to show the property to be viewed, and are hence called "shewers." There is usually a shewer on behalf of each party. Archb. Pr. 339, et seq. SHEWING. In English law. To be quit of attachment in a court, in plaints shewed and not avowed. Obsolete. SHIFTING CLAUSE. A shifting clause in a settlement is a clause by which some other mode of devolution is substituted for that primarily prescribed. Examples of shifting clauses are: The ordinary name and arms clause, and the clause of less frequent occurrence by which a settled estate is des tined as the foundation of a second family, in the event of the elder branch becoming otherwise enriched. These shifting clauses take effect under the statute of uses. Sweet. SHIFTING USE. A use which is so limited that it will be made to shift or trans fer itself, from one beneficiary to another, upon the occurrence of a certain event after its creation. For example, an estate is lim ited to the use of A. and his heirs, provided that, upon the return of B. from Rome, it shall be to the use of C. and his heirs; this is a shifting use, which transfers itself to C.

county. He is an officer of great antiquity, and was also called the "shire-reeve," "reeve," or "bailiff." He is called in Latin "vice comes," as being the deputy of the earl or comes, to whom anciently the custody of the shire was committed. The duties of the sheriff principally consist in executing writs, precepts, warrants from justices of the peace for the apprehension of offenders, etc. Brown. In Scotch law. The office of sheriff dif fers somewhat from the same office under the English law, being, from ancient times, an office of important judicial power, as well as ministerial. The sheriff exercises a jurisdic tion of considerable extent, both of civil and criminal character, which is, in a proper sense, judicial, in addition to powers resem bling those of an English sheriff. Tomlins; Bell. SHERIFF CLERK. The clerk of the sheriff's court in Scotland. SHERIFF DEPUTE. In Scotch law. The principal sheriff of a county, who is also a judge. SHERIFF-GELD. A rent formerly paid by a sheriff, and it is prayed that the sheriff in his account may be discharged thereof. Rot. Parl. 50 Edw. in. SHERIFF-TOOTH. In English law. A tenure by the service of providing enter tainment for the sheriff at his county-courts; a common tax, formerly levied for the sher iff's diet. Wharton. SHERIFF'S COURT. The court held before the sheriff's deputy, that is, the un der-sheriff, and wherein actions are brought for recovery of debts under £20. Writs of inquiry are also brought here to be executed. The sheriff's court for the county of Middle sex is that wherein damages are assessed in proper cases after trial at Westminster. Brown. SHERIFF'S COURT IN LONDON. See CITY OF LONDON COURT. SHERIFF'S JURY. In practice. A jury composed of no determinate number, but which may be more or less than twelve, summoned by the sheriff for the purposes of an inquisition or inquest of office. 3 Bl. Comm. 258. SHERIFF'S OFFICERS. Bailiffs, who are either bailiffs of hundreds or bound-bail iffs. SHERIFF'S SALE. A sale of property, conducted by a sheriff, or sheriff's deputy,

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