Page:Prerogatives of the Crown.djvu/99

Ch.VII. Sec. I.] Fountain of Justice and Office. t^ Judges and other officers, could not meet as usual in Michael- mas term to appoint them, was valid. This is, however, in direct contradiction to an unanimous resolution of all the Judges {a), and the statute 34 & 35 Hen. 8. c. 26. section 61., which recognizes the right of appointment by his Majesty only in case persons have been proposed to him by the assembly in the Exchequer : and there seems no legal ground for support- ing this doctrine at the present day. As the power of electing Sheriffs was originally in the people, the statutes which vest the right of appointment in others, must on principle be ob- served. However the practice of occasionally naming what are called pocket Sheriffs by the sole authority of the Crown, has uniformly continued to the reign of his present Majesty (6), though no compulsory instances have occurred: and if the point came judicially before the courts of law, it can hardly be doubted that the legality of the practice would be denied. Anciently in some counties the Sheriffs were hereditary; as it seems they were in Scotland till the statute 20 Geo. 2. c. 43., and still continue in Westmoreland (c). And the city of Lon- don possesses by royal charter the inheritance of the Shrievalty of Middlesex {d). Sheriffs, by virtue of several old statutes (>), are to remain in office no longer than one year, and therefore it seems that the Crown cannot authorize them to remain in office for a longer period (jT ). Coroners are still chosen by all the freeholders in the county Court (^): and though they are removable by the Lord Chan- cellor for misbehaviour (^), still the choice of those who are to supply the place of the delinquents, can be legally made only by a majority of the freeholders. The right to name Justices of the Peace was vested in the Crown by statute 1 Ed. 3. c. 16 {i). They are appointed by the King's commission under the great seal {k) ; but in select- ing individuals to fill this important situation, the Crown must (a) 2 Inst. 559. 1 Bla. Com. 341, 2. Bla. Com. 342, 343. 4 Co, R. 39. (6) 1 Bla. Com. 343. • (g) 2 [nst. 558. 1 Bla. Com. 347. (c) Harg. Co. Lit. 326. 1 Wooddn. 103. id) 2 Inst. 382. 1 Bla. Com. 339, (A) 3 Atk. 184. See 25 Geo. 2. c. 19. 340. S.6. {e) 14 Ed. 3. C.7. 42 Ed. 3. c. 9. (i) See Lamb. 15, &c. 20. 4 Ed. 3. 23 Hen. 6. c. 8. c. 2. 18 Ed. 3. st 3. c. 2. 1 Bla. (/) 4 Hawk. bk. 2. c. 37. s. 29. Com. 350, 1. Bac. Ab, Sheriffs, E. j see, however, 1 (*) Ibid. ascertain