Mittimus, in law, the precept which is addressed by competent judicial authority to a sheriff, constable, or other officer, and to a jailer or keeper of a prison, commanding the one to take and deliver, and the other to receive into custody, a person charged with the offence therein described, and safely keep him as therein commanded. The command to keep varies with the nature of the case. A mittimus may be issued by an examining magistrate who, having inquired into a charge of crime, has decided that there is probable cause to believe it true; and then, if the offence is bailable and sureties he not offered, a mittimus will issue commanding the jailer safely to keep the person charged for want of sureties, or until he be discharged by due course of law. But a mittimus may also issue for confinement in punishment of crime, and then the command will be safely to keep the prisoner for a time specified. A mittimus should be under the hand and seal of the magistrate; it should plainly specify the offence charged, and contain sufficient to show on its face that the magistrate had authority to act in the case; but it need not recite the evidence.