The Case of Crozier

The petitioner was committed on execution process from a justice of the peace. The objection was to the form of the mittimus.

The Act of Assembly authorizes the detention of a prisoner on a certified copy of the writ of execution. The process upon which deft, was detained, was a printed blank warrant, filled up by the constable, and indorsed “committed May, 7, 1832, by Jno. Rudolph, cons’t.”

The court discharged the prisoner on the ground, that this was not a certificate that it was a copy of the original execution.