The New York Civil And Criminal Justice : a Complete Treatise On the Civil, Criminal, And Special Powers And Duties of Justices of the Peace in the State of New York; With Numerous Forms

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This mittimus is the warrant which au- thorizes the jailer to receive and detain the prisoner in his custody; {Davis' Just. 104;) and it is said, that though it need not be drawn with the same precision as an indictment, yet it ought to be framed with great accuracy, or the party may, though prosecuted for a felony, be discharged out of custody, or, if he escape, the officer may not be answerable. (Ohitty's Grim. Law, 109.) If the warrant of commitment be defective, the prisoner will not, howev...er, be, for that reason, finally dis- charged; but, if a crime be made out by the depositions, (which, as we have seen, are to be returned to the Court at which the witnesses are bound to appear,) the course is to dis- charge the prisoner pro forma, and then remand him upon a special order. {Ex parte Taylor, 5 Cow. 39.) The commitment must be in writing, and be signed and sealed by the magistrate, and have apparent upon its fafce the time and place of making it, and the official character of the magistrate.

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