Capere.L

To take, seize; to arrest. Capias. That you take. A common-law writ commanding the sherifE to take a defendant into custody. Named from the emphatic word in the writ when expressed in Latin. Has come to designate the whole class of writs by which arrests are made by a constable, sheriff, or marshal. The species are: Capias ad respondeiidum. That you take for answering: arrest (and imprison) the defendant so that you have him in person before the court on a certain day to answer the plaintiff's complaint. > See 23 Am. Law Eev. 121 1 Serves the purpose of compelling an appearance in court, on the part of a defendant, in actions of tort, in which damages are claimed, as, in actions for slander hbel, false arrest, malicious prosecution, and other trespasses. Being the species of the writ most frequently issued, is often designated as a or the capias." i See Process, 1. Cfflyims rrrf intisfaciendum. That you take for satisfying: arrest (and imprison) the defendant so that you may have him in court on a given day, in order that he may then and there pay the plaintiff such debt, damages, and costs as he may recover. Abbreviated ca. sa. At common law, after this writ no other process could be issued against a debtor's property. The early use of the writ has been restricted by statutes abo Hshmg unprisonment for debt or facilitatmg the discharge of debtors, in cases in which no fraud is shown to have been practiced.^ Capias in withernam J That you take in reprisal; that you distrain for a distress. A writ for seizing property of a distrainor on account of property concealed, eloigned, or otherwise withheld by him so that it could not be replevied.* See Eloign. Capias utlagatum. That you arrest the outlaw, q. V. Cepi. I have taken, or arrested. The distinctive word in old Latin forms of returns of service to orders for making arrests. Cepi corpus. I have taken the body,— arrested the defendant. Abbreviated C. C. Cepi corpus et bail bond. I have arrested the defendant and discharged him on a bail bond. Abbreviated C. C. et B. B. Cepi corpus et committitur. I have arrested and imprisoned the defendant. Abbreviated C. C. et C. Cepi corpus et est eustodia. I have arrested the defendant and he is in custody. Cepi corpus et est languidus. I have arrested the defendant and he is sick. See Languidtjs. Cepi corpus et paratum habeo, I have arrested the defendant and have him in readiness. See -AjiREST, 2; Bail, 1 (2). Cepit., He took. The emphatic word in the Ijatin writs of trespass for taking personalty, and in declarations in trespass and replevin. Still used as descriptive of the action, > See 3 Bl. Com. 414. « See 4 Bl. Com. 319. ' With'-er-nam is A. S. vndlier, against, and niman, as in replevin for a mere taking — when the action is said to be " in the cepit." See Non Cepit. Cepit et abduxit. He seized or took and led away — a person, or a living chattel. Cepit et asportavit. He took and carried away — an inanimate thing, goods. See Asportare; Carry, 1. Cepit in alio loco. He took in another place — than that declared npon. A plea in replevin justifying the taking and claiming a return. Non cepit. He did not take. The general issue in replevin: denies taking and detaining.