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Contumace Capiendo

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In English law

Excommunication in all cases of contempt in the spiritual courts is discontinued by 53 Geo. III. c. 127, § 2, and in lieu thereof, where a lawful citation or sentence has not been obeyed, the judge shall have power, after a cortain period, to pronounce such person contumacious and in contempt, and to signify the same to the court of chancery, whereupon a writ de contumace 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 Viet, a 93.) Wharton.