Humphrey v. . Churchill, Sheriff

The order of sale in this case attempts to confer on the sheriff, a ministerial officer, the judicial function, since it makes him the judge of what property was used “by Bill Humphrey” in conducting the nuisance complained of. Such a power is not only dangerous to the public, but its delegation has been universally condemned as unconstitutional. 16 C. J., 505; Strickland v. Cox, 102 N. C., 411, 9 S. E., 414. It makes no difference that it is in the words of the statute. That is a charter for the court and jury, not the sheriff.

Even the Legislature cannot confer on a ministerial executive…