Townsend v. Babbitt , 77 Mass. 468 ( 1858 )

By the Court.

The court are of opinion that, according tt the ancient practice in Massachusetts, the original mittimus should be left with the jailer, as evidence of his authority to aold the prisoner.^* Petition dismissed.

* But see St. 1859, c. 233; Gen. Sts. c 174, § 22.