Cape

A judicial writ touching a plea of lands and tenements. The writs which bear this name are of two kinds, namely, cape magnum, or grand cape, and cape parvum, or petit cape. The petit cape is so called, not so much on account of the smallness of the writ as of the letter. Fleta, lib. 6, c. 55, § 40. For the difference between the form and the use of these writs, see 2 Wm. Saund. 45c, 46d; Fleta, lib. 6, c. 55, § 40. A neck or narrow point of land extending some distance into a body of water. In certain localities in the northern part of England, the word "cape" means the coping of a wall, and also ears of corn broken off in threshing. The word "cape" is sometimes employed A garment or part of a garment used for covering the shoulders of the wearer. 175 111. 222.

A judicial writ, now abolished, touching a plea of lands and tenements. The writs which bear this name are of two kinds — namely, cape magnum, or grand cape, and cape parvum, or petit cape. The cape magnum was the writ for possession where the tenant failed to appear. The petit cape is so called not so much on account of the smallness of the writ as of the latter; it was the shorter writ issued when the plaintiff prevailed after the tenant had appeared. Fleta, 1. 6, c. 55, § 40. For the difference between the form and the use of these writs, see 2 Wms. Saund. 45 c, d; Fleta, 1. 6, c. 55, § 40.

In English practice. A judicial writ touching a plea of lands or tenements, divided into cape magnum or the grand cape, which lay before appearance to summon the tenant to answer the default, and also over to the demandant; the cape ad vagientia m was a species of grand cape, and cape parvum or petit cape, after appearance or view granted, summoning the tenant to answer the default only. Termes de la Ley; 3 Steph. Comm. 606, note.

— Cape ad valeutiam. A species of cape magnum.

— Grand cape. A judicial writ in the old real actions, which issued for the demandant where the tenant, after being duly summoned, neglected to appear on the return of the writ, or to cast an essoin, or, in case of an essoin being cast, neglected to appear on the adjournment day of the essoin ; its object being to compel an appearance. Rose. Real Act. l65, et seq. It was called a "cape," from the word with which it commenced, and a "grand cape" (or cape magnum) to distinguish it from the petit cape, which lay after appearance.

I.

In old English law. Take; a judicial writ, issued in real actions, directing the sheriff to take and hold the laud where the tenant or defendant made default Cape ad valentiam: a species of cape magnum which issued in behalf of a tenant defendant when the person whom he called to warrant made default and the demandant recovered, commanding the sheriff to take land of the vouchee equal in value to the land recovered. Cape magnnin, or grand cape: the writ awarded when the defendant had not appeared, requiring an answer to the default and demand. Cape parvnm, or petit cape: the writ issued after appearance, requiring an answer to the def.iult alone, v. Grand cape; Magnum cape; Parvum cape; Petit cape.

In English practice. A judicial writ touching a plea of lands or tenements, ‘divided into cape magnum, or the grand cape, which lay before appearance to summon the tenant to answer the default, and also over to the demandant; the cape ad vatentiam Was @ species of grand cape; and cape parvum, or petit cape, alter appearance or view granted, summoning the tenant to answer the default only. Termes de la Ley; 3 Steph. Comm. 606, note.

/. (Take.) A writ judicial, issued in real actions for the recovery of land, directing the sheriff to take and hold the land when the tenant or defendant made default. The grand cape, cape magnum, was awarded when the defendant had never appeared to the summons, and required an answer to the default and the demand; the petit cape issued after appearance, and required an answer to the default alone. Cape ad valentiam: a kind of grand cape, awarded a defendant in a real action when the person whom he called to warrant made default and the demandant recovered. It commanded the sheriff to take land of the vouchee to the value of the land recovered.

Lat. (Take.)

In old English practice. A judicial writ concerning lands or tenements, formerly in use in Ens[land, and so termed from the emphatic word with which it began: — Cape in manum nostrum teriiam partem messuagii, &c.; (Take into our hand the third part of a messuage, kc.) It was divided into cape magnum, or grand (ape, which lay before appearance; and cape parvum, or petit cape, which lay after appearance. Termes de la ley. Cowell, Reg. Jud. 2, 2 b. See Orar^ cape. Petit cape. Magnum cape, Parvum cape. Caps ad valentiam. L. Lat. (Take to the value.J A species of cape magnum, (supra), wnich issued in behalf of the tenant, wnere a vouchee made default, on the return of the summons against him, and the demandant recovered; the writ commanding the sheriff to take as much land of the vouchee as was equal to the value of the land in question, iract. fol. 258 b, 299 b. Old Nat. Brev. 161, 162. Cowell. Termes de la ley. 1 Reeves* Hist. Eng. Law, 440, 441. Reg. Jud. 2. See Vouchee,

English lav, isa judicial writ touching a plea of land and temgments. The writs which bear this name are of two kinds, namely, cape magnum, or grand cape; and cape parvum, or petit cape.