ENPages
42
They are appointed thus. "The Court of every County annually generally in July no— minate to the Govr three justices of the Peace of such County, one of whom he appoints under the law. The Court can nominate any three of the Justices and he may may appoint any one of those nominated, but the uniform practice is to nominate the three oldest Magistrates arranging them in order of Seniority and the Governor appoints the first one on the list. But Court or Governor for good and sufficient reason may depart from this rule e.g. bad character or had rendered no service as justice of peace &c. The Sheriff remains one year in office necessarily, the law permits him to remain two years being a second time nominated and appointed, if no sufficient objection by the Governor, the other two if alive and under no disability are again nominated a second time, and the third year the second on the list (now the first) is in his turn appointed and so yearly, though each generally continues generally continues in office for two years, and under particular circumstances longer as the death of his predecessor before the expiration of his term or the failure of his successor to
43
Book I chap IX. Of Subordinate Magistrates Contind
He may continue for a longer period than two years & has been recently elected to change the rule, and include any one who has been sheriff until all the justices have been appointed.
44
qualify by giving bond &c. He returns to the magistracy without a new appoint— ment as justice. Pa 243. "We may observe &c" & another sTat cha 11 Pa 246—13.19 From this it appears to be an officer of burthen in England. Not so here. The office is generally lucrative and is in all cases accepted. It is indeed the only com— pensation to justices of the Peace. Should it ever happen that all the justices were to refuse the office, the Governor may appoint one or two respectable freeholders of the County recommended by the Court, and if no free— holder will accept, he may appoint any respectable citizen, through no one can be compelled to accept the office. Pa 343. "These are either" &c The Sheriff of Virga is chiefly known as ministerial office of the Courts either Circuit or County. Keeper of the peace & collecter of the revenue of the Commonwealth, the levies and public dues of his County & fees of various officers. Pa 343. He has no judicial power {of} to determine the causes of smallest value. The only occasions in which he exercises judicial power are those in writs of amendment of dower, writs of prohibition & writs of inquiry of waste. These acts are performed by him with and of a Jury. He is to keep the polls at all elections & announce the person having the largest number of votes elected, and when the candidates have an equal numb— er of votes, he shall decide the election by his vote, although he has already voted. This is no judicial authority for the deputy
45
Book I. Chap IX. Magistrates Continued
For no judicial authority can he exercised by authority.