SHELLEY'S CASE. This case, reported in 1 Rep. 93, contains a rule usually known as the rule in Shelley's case, which has caused more commentaries perhaps than any other case. It has been expressed with great precision, though not with much elegance1, to be in any instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately2 or immediately, the first taker takes the whole estate; if it be limited to the heirs of his body, he takes a fee tail; if to his heirs a fee simple. Co. Litt. 376, b and Mr. Butler's note, 1; 3 Binn. R. 139 1 Day, Rep. 299; 1 Prest. on Estates, ch. 3; 4 Kent, Com. 206; Cruise, Dig. tit. 32, c. 22; 2 Yeates, R. 410; 1 Hargr. Law Tracts3, article Observations concerning the rule in Shelley's case, chiefly with a view to the application of that rule in Last Wills; 5 Ohio R. 465.
SHERIFF. The name of the chief officer of the county. In Latin he is called vice4 comes, because in England he represented the comes or earl. His name is said to be derived5 from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian6.
2. The general duties of the sheriff are, 1st. To keep the peace within the county; he may apprehend7, and commit to prison all persons who break the peace or attempt to break it, and bind8 any one in a recognizance to keep the peace. He is required ex officio, to pursue and take all traitors9, murderers, felons10 and rioters. He has the keeping of the county gaol11 and he is bound to defend it against all attacks. He may command the posse comitatus.
3. - 2d. In his ministerial capacity, the sheriff is bound to execute within his county or bailiwick, all process issuing from the courts of the commonwealth12.
4. - 3d. The sheriff also possesses a judicial13 capacity, but this is very much circumscribed14 to what it was at common law in England. It is now generally confined to ascertain15 damages on writs16 of inquiry17 and the like.
5. Generally speaking the sheriff has no authority out of his county. 2 Rolle's Rep. 163; Plowd, 37 a. He may, however, do mere18 ministerial acts out of his county, as making a return. Dalt. Sh. 22. Vide, generally, the various Digests and Abridgments, h. t.; Dalt. Sher.; Wats. Off. and Duty of Sheriff; Wood's Inst. 75; 18 Engl. Com. Law Rep. 177; 2 Phil. Ev. 213; Chit. Pr. Index, h. t.; Chit. Pr. Law, Index, h. t.
SHERIFFALTY. The office of sheriff, the time during which a sheriff is to remain in office.
