Capias Ad Respondendum

A writ commanding the sheriff to take the body of the defendant, if he may be found in his bailiwick or county, and him safely keep, so that he may have him in court on the day of the return to answer to the This is the writ of capias which is generally intended by the use of the word capias, and was formerly a writ of great importance. For some account of its use and value, see "Arrest;" "Bail." According to the course of the practice at common law, the writ bears teste, in the name of the chief justice, or presiding judge of the court, on some day in term time, when the judge is supposed to be present, not being Sunday, and is made returnable on a regular return day. If the writ has been served, and the defendant does not give bail, but remains in custody, it is returned C. C. (cepi corpus); if he have given bail, it is returned C. C. B. B. (cepi corpus, bail bond); if the defendant's appearance has been accepted, the return is, "C. C, and defendant's appearance accepted." See 1 Archb. Prac. 67.

A writ commanding the officer to whom it is directed "to take the body of the defendant and keep the same to answer the plaintiff," etc. This is the writ of capias which is generally intended by the use of the word capias, and was formerly a writ of great importance. For some account of its use and value, see Arrest; Bail. According to the course of the practice at common law, the writ bears teste, in the name of the chief justice, or presiding judge of the court, on some day in term-time, when the judge is supposed to be present, not being Sunday, and is made returnable on a regular return day. If the writ has been served and the defendant does not give bail, but remains in custody, it is returned C. C. (cepi corpus); if he have given bail, it is returned C. C. B. B. {cepi corpus, bail bond); if the defendant's appearance have been accepted, the re-

in practice. A judicial writ, (usually simply termed a “capius,”) by which actions at law were frequently commenced; and which commands the sheriff to take the defendant, and him safely keep, 30 that he may have his body before the court on a certain day, to answer the plaintiff in the action. 3 31. Comm. 282; 1 Tidd, Pr. 128. The name of this writ is commonly abbreviated to ea. resp.

Lat. (You take — to answer.)

In practice. A well known writ, (usually simply termed a capias,) by which actions at law are frequently commenced; and which commands the sheriff to take the defendant, and him safely keep, so that he may have his body before the court on a certain day, to answer the plaintiff in the action. 3 Bl. Com. 282. 1 Tidd's Pr. 128. Arch. New. Pr. 216. The form of this writ has been considerably modified in England by the Uniformity of Process Act, 2 Will. IV. c. 39; and it is now only issued after the suit has been actually commenced by summons, where an arrest of the defendant is required. Stat. 1 & 2 Vict. c. 110. Chitt. Arch. Pr. 461. Wharton's Lex. The capias, in its original form ran thus; Rex vicecomiti salutem, Praecipimus tibi quod CAPIAS A. si inventus fuerit in balliva tua, et eum salvo custodias, ita quod habeas corpus ejus coram justitiariis nostris apud Westmonasterium, (tali die,) ad respondendum B. de placito quod, &c. Et habeas ibi hoc breve. Teste, &c. Reg. Jud. 1 b. The modern English writ was, down to a recent period, a literal translation of this form; and, with some modifications, it has generally been adopted in American practice. The capias was originally called a habeas corpus, from these words used in it. 2 Reeves' Hist. Eng. Law, 439.