Commitment

The warrant or order by which a court or magistrate directs a ministerial officer to take a person to prison. The act of sending a person to prison by means of such a warrant or order.

Skinner v. White, 9 N. H. 204.

A commitment should be in writing under the hand and seal of the magistrate, and should show his authority and the time and place of making it; Lough v. Millard, 2 II.

I. 436; Somervell v. Hunt, 3 Harr. & McH. (Md.) 113; State v. Caswell, T. U. P. Charlt. (Ga.) 280; In re Burford, 3 Cra. (U. S.) 448, 2 L. Ed. 495.

It must be made in the name of the United States or of the commonwealth or people, as required by the constitution of the United States or of the several states. It should be directed to the keeper of the prison, and not generally to carry the party to prison; 2 Stra. 934; 1 Ld. Raym. 424. It should describe the prisoner by his name and surname, or the name he gives as his. It ought to state that the party has been charged on oath; People v. Miller, 14 Johns. (N. Y.) 371; In re Burford, 3 Cra. (U. S.) 448, 2 L. Ed. 495; but see Com. v. Jackson, 2 Va. Cas. 504; State v. Killet, 2 Bail. (S. C.) 290; and should mention with convenient certainty the particular crime charged against the prisoner; In re Burford, 3 Cra. (U. S.) 448, 2 L. Ed. 495; 11 St. Tr. 304, 318; Day v. ard, 26 Vt. 205; but a defect in describing the offence is immaterial if it is sufficiently described in the order endorsed on the deposition; Ex parte Estrado, 88 Cal. 310, 26 Pac. 209. It 'should point out the place of imprisonment, and not merely direct that the party be taken to prison; 2 Stra. 934; 1 Ld. Raym. 424. It may be for further examination, or final. If final, the command to the keeper of the prison should be to keep the prisoner "until he shall be discharged by due course of law," when the offence is not.bailable; see Washburn v. Belknap, 3 Conn* 502; 29 E. L. & E. 134; when it is bailable, the gaoler should be directed to keep the prisoner in his "said custody for want of sureties, or until he shall be discharged by due course of law." When the commitment is not final, it is usual to commit the prisoner "for further hearing." The word commit in a statute has a technical meaning, and a warrant which does not direct an officer to commit a party to prison but only to receive him into custody and safely keep him for further examination, is not a commitment; Gilbert v. U. S., 23 Ct. CI.

218.