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Capias

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat. (You take— Quod capias; that you take.) In practice. A judicial writ in actions at common law, so termed from the emphatic word in it, when the proceedings were in Latin, commanding the sheriff to take or arrest the party named in it. Prcecipimus tihi quod capias A., <fec.

Reg. Jud. 1 b.

The two principal kinds of capias are the capiat ad respondendum, and the capias ad satisfaciendum, (qq. V.) Capias ad audiendum judicium. L. Lat. (You take-^to hear judgment.) In English practice. A writ which is awarded and issued to bring in a defendant who has been found guilty of a misdemeanor, to receive his judgment.

4 Bl, Com, 876. 4 Steph. Com. 436.