Capias Ad Satisfaciendum

L. Lat. (You take — to satisfy.) In practice. A writ of execution, (usually termed, for brevity, a ca. sa.) which a party may issue after having recovered judgment against another in certain actions at law. It commands the sheriff to take the party named, and keep him safely, so that he may have his body before the court on a certain day, to satisfy the party by whom it is issued, the damages or debt and damages recovered by the judgment. Its effect is to deprive the party taken of his liberty until he makes the satisfaction awarded.

8 Bl Com. 414, 415. 2 Tidd's Pr. 993, 1026.

Utt. sect.

504. Co, Litt, 289 a.

The ca, sa. in its original form, ran as follows: Bex vie* salutem. Prcecipimus tibi quod capias /. de C. et eum salvo custodias, ita quod habeas corpus ejus coram justitiariis nostris apud Westmonasterium, (tali die,) ad satisfaciendum, G. de K, tarn de viginti solidis quos idem O. in curia nostra, <tc,, recuperavit versus eum, quam de viginti solidis qui ei, in eadem curia nostra, adjudicata fuerunt pro damnis suis qu<B habuit occasione detentionis debiti pradieti. Et habeas ibi hoc breve. Teste, dtc.

Beg. Jud. 31.

This has been very closely followed in the modern forms of ca, sa, in debt. Capias in withernam. L. Lat. (You take in withernam.) In practice. A writ which lies where cattle or goods distrained have been driven or " carried out of the country, so that the sheriff cannot take them on a writ of replevin; commanding him to take other cattle or goods of the distrainor, as a second or reciprocal distress, (mthernam, or repetitum namium, signifying a second taking,) in lieu of the distress formerly taken and withheld.

Beg, Orig, 82, 83. F. N, B. 69 A. 3 Bl. Com, 148, 413, 129. 3 Steph. Com. 622.

See Withernam, Capias pro fink. L. Lat. (you take — ^forthe fine.) In English practice? A writ by which a party condemned to pay a fine to the king, was taken and imprisoned until he paid it.

Cro. Eliz. 170. 5 Co. 89.

See Capiatur pro fine. This writ was disallowed by statute 6 & 6 W. & M. c. 12, in actions of trespass, ejectment, assault and false imprisonment.

3 Bl. Com. 398.

It seems however to be still used in criminal cases.

Cole on Informations, 97, Appendix A., No. 47.