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Mittimus

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

"We send.

1.

In old English practice. The name of a writ for removing a suit for tiial to a particular county.

2.

In criminal practice. The name of a precept or warrant for committing to jail a person accused of crime in a case where bail is not allowed or is not given; a commitment. Mittimus was a writ by which records were transferred from one court to another, sometimes immediately, as out of the king's bench into the exchequer, and sometimes by a certiorari into chancery, and from thence by a mittimus into another court. It is also used to signify a precept that is directed by a justice of the peace to a jailer for the receiving and safe-keeping of a felon or other offender committed by the said justice to the jail. Termes de la Ley.