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Contumace Capiendo

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

In English law

Excommunication in all cases of contempt in the spiritual courts is discontinued by 53 Geo. III. ¢ 127, § 2, and in lieu thereof, where a lawful citation or sentence has not been obeyed, the judge shall have power, after a certain period, to pronounce auch person contumucious and in contempt, and to signify the saine to the court of chancery, Whereupon a writ de contwmace capiendo shall issue from that court, which shall have the same force and effect as formerly belonged, in case of contempt, to a writ de excommunicato capiendo, (2&3 Wm. IV. c. 93; 3 & 4 Vict. c. 93.) Wharton.