What is MITTIMUS?

In English law. A writ used in sending a record or its tenor from one court to another. Thus, where a nul ticl 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 actiou 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 ofheer, 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. 02; Saunders v. U. S. (D. C.) 73 Fed. 780; Scott v. Spiegel, 07 Conn. 349, 35 Atl. 202.

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