Capias

Lat. "That you take." The general name for several species of writs, the common characteristic of which is that they require the officer to take the body of the defendant into custody; they are writs of attachment or arrest.

In English practice. A capias is the process on an indictment when the person charged is not in custody, and in cases not otherwise provided for by statute. 4 Steph. Comm. 383.

— Capias ad audiendum judicium. A writ issued, in a case of misdemeanor, after the defendant has appeared and is found guilty, to bring him to hear j'udgment if he is not present when called. 4 Bl. Comm. 368.

— Capias ad computandum. In the action of account render, after judgment of quod computet, if the defendant refuses to appear personally before the auditors and make his account, a writ by this name may issue to compel him.

— Capias ail respondendum. A judicial writ, (usually simply termed a "capias,") by which actions at law were frequently commenced; and which commands the sheriff to take the defendant, and him safely keep, so that he may bave his body before the court on a certain day, to answer the plaintiff in the action. 3 Bl. Comm. 282; 1 Tidd, Pr. 128. The name of this writ is commonly abbreviated to oa. resp.

— Capias ad satisfaciendum. A writ of execution, (usually termed, for brevity, a "co. 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. 3 Bl. Comm. 414, 415 ; 2 Tidd, Pr. 993, 1025; Litt. § 504; Co. Litt. 289a; Strong v. Linn, 5 N. J. Law, 803.

— Capias extendi facias. A writ of execution issuable in England against a debtor to the crown, which commands the sheriff to "take" or arrest the body, and "cause to be extended" the lands and goods of the debtor. Man. Exch. Pr. 5.

— Capias in withernam. A writ, in the nature of a reprisal, which lies for one whose goods or cattle, taken under a distress, are removed from the county, so that they cannot be replevied, commanding the sheriff to seize other goods or cattle of the distrainor of equal value.

— Capias pro fine. (That you take for the fine or in mercy.) Formerly, if the verdict was for the defendant, the plaintiff was adjudged to be amerced for his false claim ; but, if the verdict was for the plaintiff, then in all actions vi et armis, or where the defendant, in his pleading, had falsely denied his own deed, the judgment contained an award of a capiatur pro fine; and in all other cases the defendant was adjudged to be amerced. The insertion of the misericordia or of the capiatur in the judgment is now unnecessary. Wharton.

— Capias utlagatum. (You take the outlaw.) In English practice. A writ which lies against a person who has been outlawed in an action, by which the sheriff is commanded to take him, and keep him in custody until the day of the return, and then present him to the court, there to be dealt with for his contempt Reg. Orig. 138b; 3 Bl. Comm. 284.

I. Take you, — the general name for a writ of attachment or arrest. Capias ad compntandnm: take you — to make account; a writ issued in the action of account render, upon judgment quod computet, where the defendant refused to appear before the auditors and account in person. Capias ad respondendum: take you — to the defendant and safely keep him so that he may have his body before the court to answer in the action. Capias ad satisfaciendum: take you — to satisfy; a writ of execution, commonly called, for brevity, a ca. sa., which may issue after judgment in certain actions, and which commands the sheriff to take the party and keep him safely, so that he may have his body before the court to satisfy the judgment Capias in witliernara: take you in witheiiiam; a writ of reprisal which issues where cattle or goods have been driven or carried out of the county so that they cannot be replevied, commanding the sheriff to take other cattle or goods of the distrainor of equal value.

In English law. Capias ad andiendnin jadicinm: take you — to hear judgment; a writ which issues to bring in a person tried for a misdemeanor to receive judgment. Capias pro fine: take you — for the fine; a writ by which a person condemned to pay a fine to the king was formerly taken and imprisoned until he paid it Capias utlagatiiin: take you the outlaw; a writ- against a person outlawed in a^ action, commanding the sheriff to take him and keep him until the return-day, and then to present him in court to be dealt with for his contempt

Lat. “That you take.” The general name for several species of writs, the common characteristic of which is thal they require the officer to take the body of the defendant into custody; they are writs of attachment or arrest.

In English practice. A capias is the process on an indictment when the person charged is not in custody, and in cases not otherwise provided for by statute. 4 Steph. Comm. 333. CAPIAS AD AUDIENDUM JUDI-

See Capehe, Capias.

Lat. (That you take.) The general name for a writ of attachment or arrest. 1. The capias ad respondendum, called commonly capias, was a judicial writ issuing from the C. P. or K. B., supposed to be founded on an original, directing the sheriff to arrest the person of the defendant, and have him before court on the return day to answer the plaintiff in his suit. If in another county, a testatum capias issued from the C. P. to the sheriff of that county, reciting such fact, and ordering his arrest as before; so, in the K. B., a Bill of Middlesex; v. Bill, I. 8. 2. Capias ad satisfaciendum: a writ of execution of the highest nature, commanding the sheriff to have the defendant before court on a certain day to satisfy judgment; its effect was to imprison the defendant until he made satisfaction. 3. So, ad computandum, on a judgment that the defendant account. 4. Capias ad audiendum judicium: a writ to bring in a defendant, who has been found guilty of a misdemeanor in his absence, to hear judgment. 5. Capias in withernam: a writ of reprisal granted one whose cattle or goods have been distrained and carried out (eloigned) of the county so they cannot be replevied. It directed the sheriff to take other cattle or goods of the distrainor, of equal value, v. Withernam. 6. Capias pro fine: an obsolete writ ordering the arrest of an unsuccessful defendant in cases where a fine was due from him to the King. 7. Capias utlagatum (that you take the outlaw): a writ for the seizure of the goods or person of an absconding defendant who has been outlawed; v. Exigent.

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.

practice. This word, the signification of which is “ that you take,” is applicable to many heads of practice. Several writs and processes commanding the sheriff to take the person of the defendant are known by the name of capias. The writ in ordinary use bearing this name is the capias ad respondendum, simply so called. See 3 BI. Com. 281. CAPIAS AD AUDIENDUM