Site icon The Law Dictionary

MITTIMUS

In English law. A writ used in sending a record or its tenor from one court to another. Thus, where a nul tiel record is pleaded in one court to the record of another court of equal or superior jurisdiction, the tenor of the record is brought Into chancery by a certiorari, (q. v.,) and thence sent by mittimus into the court where the action is. Tidd, Pr. 745.
In criminal practice. The name of a precept in writing, issuing from a court or magistrate, directed to the sheriff or other officer, commanding him to convey to the prison the person named therein, and to the jailer, commanding him to receive and safely keep such person until he shall be delivered by due course of law. Pub. St. Mass. 1882, p. 1293. Connolly v. Anderson, 112 Mass. 62; Saunders v. U. S. (D. C.) 73 Fed. 786; Scott v. Spiegel, 67 Conn. 349, 35 Atl. 262.

Exit mobile version