Citation Numbers: 5 Park. Cr. 651
Judges: Mason
Filed Date: 2/15/1864
Status: Precedential
Modified Date: 1/13/2023
The judge, at circuit; was clearly right in holding the warrant of commitment good without seal. As to the first warrant issued for the arrest of the offender, under this statute, it is expressly provided that it may be with or without seal. (3 R. S., 991, § 3.)
The fifth section, which provides for the warrant of commitment, is silent as to the subject of a seal. The general statute, 'therefore, covers the case, which provides that “ all process issued by any justice of the peace shall be signed by him, and may 'be under seal or without seal." (3 R. S., 454, § 158.)
I cannot assent to the view expressed by one of the judges of this court, that this section only applies to civil process. The language is too broad and general to receive such a limited construction. It declares that all process issued by a justice of the peace shall be signed by him, and may be under seal or without seal. If a warrant of commitment is a process, issued by a justice of the peace, then this statute embraces it. Ho one can pretend that such warrant is not a process issued by a justice of the peace. I find, in looking through the various provisions of the statutes in regard to criminal warrants, and those which are quasi criminal, none of them are required to be issued under seal. There are two instances, and two only, where it is expressly said they may be with or without seal, and in all other cases the statute is silent. They are, therefore, left to be controlled by this general statute, which applies to all and every process issued by a justice of the peace. This view corresponds with all the treatises and books of forms which have been issued by the profession as guides
The judge, at circuit, would have been fully justified in peremptorily directing a verdict for the defendant. He, however, allowed the case to go to the jury upon the question of the escape, and, aathey found there, was no escape-, their finding should not be disturbed. A new trial can do the plaintiff ■ no. good, and is therefore denied.
Hew trial denied.