Farrar v. Barton
Massachusetts Supreme Judicial Court
This was an action of debt upon a bond given by the defendants to William Caldwell, Esq., the plaintiff’s intestate, and late sheriff of the county of Worcester.
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This was an action of debt upon a bond given by the defendants to William Caldwell, Esq., the plaintiff’s intestate, and late sheriff of the county of Worcester. The defendants pray oyer of the bond and of the condition, which are read to them, and the condition, after reciting that the sheriff had appointed the defendant Barton to be one of his deputies, is, that this latter should, in the months of June and December annually, render and pay to the obligee one- third part of the legal fees on all writs and executions that should come to the hands of the deputy. The defendants then plead in…
1Opinion of the CourtParsons, C. J.
The sheriff holds an office of great trust and importance. He is necessary to preserve the peace, and to execute the laws. He cannot farm his office, but must execute it in person or by his deputies, for the fees established by law. His power is great, and as it operates more immediately upon the suffering or unfortunate part of the people, he has opportunity to cause much vexation and oppression.
He expects a profit from the office, not only for himself, but also for his deputies, without whom the office cannot be executed. But all the legal profits must be the fees established by law; and to…
2Cited by6 opinions
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- Ferris v. AdamsSupreme Court of Vermont · 1851
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