COMMITMENT. In Practice. The warrant or order by which a court or magis trate 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. 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. 2 R. I. 436; 3 Harr. & M'H. Md. 113; T. U. P. Chant. Ga. 280; 3 Cranch, 448. See Harp. So. C. 313 ; Wright, Ohio, 690. 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 Strange, 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, 14 Johns. N. Y. 371; 3 Cranch, 448; but see 2 Va. Cas. 504; 2 Bail. So. C. 290; and should mention with conve nient certainty the particular crime charged against the prisoner. 3 Cranch, 448 ; 11 St.
Tr. 304, 318; Hawkins, Pl. Cr. b. 2, c. 16, s. 16; 1 Chitty, Crim. Law, 110; 4 Md. 262 ; 1 Rob. Va. 744; 5 Ark. 104; 26 Vt. 205. See 17 Wend. N. Y. 181; 23 id. 638. It should point out the place of imprisonment, and not merely direct that the party be taken to prison. 2 Strange, 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 3 Conn. 502; 29 Eng. L. & Eq. 134; when it is bail able, 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 come It the prisoner "for further hearing." See, generally, 4 Cranch, 129; 2 Yerg. Tenn. 58; 6 Humphr. Tenu. 391 ; 9 N. H. 185: 5 Rich. So. C. 255.