SHERIFF, in Scotland, is a title given to the magistrate and judge of a county. In Scotland the office of sheriff is still that of a local judge, and not merely ministerial, as in England; and the jurisdiction, both civil and criminal, is still very extensive. The duties of the office are now performed by two officials, the sheriff—called sheriff-depute since the abolition of the Heritable Jurisdictions (q.v.) to distinguish him from the heritable sheriff-principal—and the sheriff-substitute. The sheriff-depute, except in the case of Edinburgh and Glasgow, does not reside in the county, but holds courts therein at stated periods. The sheriff-depute is disqualified from acting as advocate in any cause originating in his county, though in other respects he is at full liberty to practise. He is appointed by the crown, must be an advocate of three years' standing, and holds his office for life or good behaviour. The sheriff-substitute was at first appointed by the sheriff-depute, but he is now appointed by the crown, requires to be an advocate or solicitor of five years' standing, and holds office ad vitam aut culpam. He resides within the county, and presides over the ordinary sittings of the court. The civil jurisdiction of the sheriff extends to all personal actions on contract or obligations without limit, actions for rent, and other questions between landlord and tenant. His powers are limited in matters of heritable right and title to cases where the value does not exceed £1000, or £50 by the year. He can, however, adjudicate on questions of possession beyond these limits, and he can also deal with questions of servitude and nuisance. He cannot decide questions of status, but he may entertain questions of aliment. There are various other matters with which the sheriff may deal, such as questions of poor-law, lunacy, elections, &c. Besides his ordinary court the sheriff holds two statutory courts, the Debts Recovery Court and the Small Debt Court. The former is for actions where the value, exclusive of expenses, exceeds £12, but is less than £50. It is confined to certain specific kinds of action, and has statutory forms of procedure. The latter is for actions not exceeding £12 in value, or which have been restricted to that amount. This latter court is made great use of by all classes of the community. The sheriff has also jurisdiction in cases of bankruptcy and insolvency. Against most judgments in ordinary cases by the sheriff-substitute there lies an appeal to the sheriff, and in some cases to the Court of Session. In criminal cases the sheriff has jurisdiction in all the minor offences which do not infer death or banishment, but his powers of punishment are practically limited to imposing a sentence of not more than two years' imprisonment. The forms of trial in use before the sheriff are jury trial and cases which are brought under the Summary Jurisdiction Acts. Changes of considerable importance, and in many of the details of criminal procedure, were introduced by the Criminal Procedure (Scotland) Act, 1887. The sheriff's jurisdiction excludes that of the justices of peace in riots. He has charge also of taking the pre cognitions in criminal cases, in which he is assisted by the procurator-fiscal. He revises the lists of electors, and returns the writs for the election of members of parliament; and this last is almost the only duty which he performs in common with the English sheriff. An idea of the multifarious duties performed by the Scotch sheriff may be gathered from the statement that he exercises somewhat similar functions to those which in England are exercised by the commissioners in bankruptcy, county-court judges, the stipendiary magistrates, recorders, revising barristers, and coroners. The office of Commissary (q.v.) has been amalgamated with that of sheriff. Additions to the miscellaneous duties of the Scottish sheriffs are not infrequently made in the course of legislation. See COUNTY.
The Sheriff-clerk, in Scotland, is the registrar of the sheriff's court, and as such has charge of the records of the court. He registers, and, when required by the proper party, issues the sheriff's judgments. He also conducts what correspondence may be required. He has important duties to perform in regulating the summary execution which is issued in Scotland against the debtors in bills of exchange, promissory-notes, and bonds, without the necessity of any judicial suit. See J. D. Wilson, Practice of the Sheriff Courts of Scotland.
In the United States the office of sheriff is mainly ministerial; the principal duties being to maintain peace and order, to attend courts as administrative officer, to guard prisoners and juries, to serve processes and execute the judgments of the courts, and to preside at inquisitions. In most of the states the sheriff is appointed by the popular vote, and the shrievalty in such places as New York is a highly paid and highly coveted political office. In all the states there are deputy-sheriffs, who are the servants and agents of the sheriff; and in some of the states there is an under-sheriff, who does duty for the sheriff in his absence. See Murfree's Treatise on the Laws of Sheriffs (St Louis, 1884).