COMMITMENT. The warrant or order by which a court or magistrate directs a minis terial officer to take a person to prison.
The act of sending a person to prison by means of such a warrant or order. Skinner v. White, 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 ; Lough v. Millard, 2 R. I. 436; Somervell v. Hunt, 3 Harr. & McH. (Md.) 113; State v. Caswell, T. U. P. Charlt. (Ga.) 280; In re Burford, 3 Cra. (U. S.) 448, 2 L. Ed. 495. It must be made in the name of the United States or of the com monwealth or people, as required by the con stitution of the United States or of the sev eral states.
It should be directed to the keeper of the prison, and not generally to carry the party to prison ; 2 Stra. 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 ; People v. Miller, 14 Johns. (N. Y.) 371; In re Burford, 3 Cra. (U. S.) 448, 2 L. Ed. 495 ; but see Com. v. Jackson, 2 Va. Cas. 504 ; State v. Killet, 2 Bail. (S. C.) 290; and should mention with convenient certainty the particular crime charged against the prisoner ; In re Burford, 3 Cra. (U. S.) 448, 2 L. Ed. 495 ; 11 St. Tr. 304, 318; Day v.
Day, 4 Md. 262; Young v.'Com., 1 Rob. (Va.) 744; Ex parte Rohe, 5 Ark. 104 ; In re How ard, 26 Vt. 205 ; but a defect in describing the offence is immaterial if it is sufficiently described in the order endorsed on the depo sition ; Ex parte Estrado, 88 Cal. 316, 26 Pac. 209. It should point out the place of impris onment, and not merely direct that the party be taken to prison ; 2 Stra. 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 Washburn v. Belknap, 3 Conn. 502; 29 E. L. & E. 134 ; when it is bailable, the gaol er 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 commit the prisoner "for fur ther bearing." The word commit in a statute has a tech nical meaning, and a warrant which does not direct an officer to commit a party to prison but only to receive him into custody and safely keep him for further examina tion, is not a commitment; Gilbert v. U. S., 23 Ct,. Cl. 218.