Commonwealth v. Alexander
Supreme Court of Pennsylvania
TTABEAS CORPUS to the jailer of Franklin county. By jl_£ , . , J , A. the return it appeared that the relater, Jacob leach, been committed by a precept from the commissioners of Franklin county, having no property to make satisfaction r - r •' , , , , ox a tine reien-ed to. therein.
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TTABEAS CORPUS to the jailer of Franklin county. By jl_£ , . , J , A. the return it appeared that the relater, Jacob leach, been committed by a precept from the commissioners of Franklin county, having no property to make satisfaction r - r •' , , , , ox a tine reien-ed to. therein. The precept was dated the of February 1812, directed to the collector of MontS0^161^ township, commanding him to go to tbe house of the several persons named in a schedule annexed, of whom Teach was one, “ as delinquénts for not performing the late “ tour of militia duty belongihg to captain Hayes’s company ox…
1Opinion of the Court
Tilghman C. J.
delivered the Court’s opinion.
It appears from the return, to this habeas corpus, that Teach is held in prison by virtue of a warrant from the commissioners of Franklin county, for the collection of a militia fine. The warrant contains a naked precept to collect tbe fine, without mention of any proceeding whatever, by virtue of which it was issued. The commissioners have no authority to issue a warrant without some foundation; and as no foundation has been shewn either on the face of the warrant or otherwise, although the commissioners have *177had notice of dhe habeas- corpus, it is…
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