Capias ad respondendum

Lat. (You take — to answer.) In practice. A well known writ, (usually simply termed a capias,) by which actions at law are frequently commenced; and which commands the sheriff to take the defendant, and him safely keep, so that he may have his body before the court on a certain day, to answer the plaintiff in the action.

3 Bl. Com. 282. 1 Tidd's Pr. 128. Arch. New. Pr. 216.

The form of this writ has been considerably modified in England by the Uniformity of Process Act, 2 Will. IV. c. 39; and it is now only issued after the suit has been actually commenced by summons, where an arrest of the defendant is required.

Stat. 1 & 2 Vict. c. 110. Chitt. Arch. Pr. 461.

Wharton's Lex

The capias, in its original form ran thus; Rex vicecomiti salutem, Praecipimus tibi quod CAPIAS A. si inventus fuerit in balliva tua, et eum salvo custodias, ita quod habeas corpus ejus coram justitiariis nostris apud Westmonasterium, (tali die,) ad respondendum B. de placito quod, &c. Et habeas ibi hoc breve. Teste, &c.

Reg. Jud. 1 b.

The modern English writ was, down to a recent period, a literal translation of this form; and, with some modifications, it has generally been adopted in American practice. The capias was originally called a habeas corpus, from these words used in it.

2 Reeves' Hist. Eng. Law, 439.