It appears that the plaintiff was indicted for perjury at the September Term, 1887, of Orleans county court; that a bill of indictment was returned into court and filed on the 14th of the same September; that a warrant for the plaintiff’s arrest was then issued but was not delivered to the defendant until October 5th, several days after the close of that term.' The defendant, as sheriff of the county, arrested the plaintiff at Montpelier in the county of Washington on the day he received the warrant, and on the following day took him and committed him to the jail in Orleans county. On the 7th of October the defendant released- him from custody but rearrested him on the same day upon another warrant issued on that day by the clerk
It was held in Durant’s case, 60 Yt. 176, that the clerk might issue a warrant in vacation for the arrest of a person against whom an indictment had been found; therefore there can be no question as to his right to deliver to an officer in vacation a warrant issued in term time.
The direction in the warrant was to apprehend the body of the plaintiff and have him forthwith to appear before the county court in and for said county of Orleans, at Newport, to answer, etc. Itwas held in Kent v. Miles
Durant’s case is full authority as to the legality of the arrest and commitment upon the second warrant.
Judgment affirmed.