The Commonwealth against Alexander

The Commonwealth against Alexander. Chambersburg, Monday, October 4. Prisoner discharged, because the. warrant was coun^Joifeftiissioners to collect a nne, and mention. ed no proceeding iuraffesued; nor the bJrifg° b" f if the proceeding ?mposbg\™hadal been shewn, the left the prisoner noUiavetideéided summarily upon the merits. 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 ritiemen, and collect and pay the sums with which they “ stan(^ respectively charged,’’ (48 dollars each person) “ in “ the same manner as the county tax is directed by law to J “ be collected and paid. ; Dunlop for the prisoner, argued both against the sufficiency of the commitment, and the legality of the imposition of the fine. ¡ Chambers contra. [MAJORITY — Tilghman C. J.] 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 had notice of dhe habeas- corpus, it is the opinion of the -Court th.at the prisoner should be,discharged from confine- . inent. It will be understood, that we pass no opinion on the -legality b'f the imposition of this .fine. That being a matter ,, in which-many persons are concerned, we {should think it most proper for those who mean, to contest it, to make it the subject of an action, in which the matter may be fully inquired into, and solemnly decided. Prisoner discharged.