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Case of Crozier

1 Del. 33 1 Harr. 33 Court Del. Super. Ct. English

Contents

Majority

p. 33
THE CASE OF ELI CROZIER.

Headnote

If constable takes the body to prison, he must leave a certified copy of the execution to authorize the prisoner’s detention.

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.