Capias ad satisfaciendum

The capias ad satisfaciendum then, in this case, was properly awarded. It was a necessary process to recover the fine... He might have been arrested and detained in jail, if he had not been previously in custody, until the return-day; but his detention afterwards, was not, in our judgment, justified by the process. In every view which we have been enabled to take of the case, we cannot find any principle or authority to justify his detention.

A judicial writ of execution, which issues out on the record of a judgment by which the sheriff is commanded to take the body of the defendant in execution, and him safely to keep, so that he have his body in court at the return of the writ to satisfy the plaintiff his debt and damages. 97 111. 236. It is a writ of execution issued after judgment, and might have been issued against a plaintiff against whom judgment was obtained for costs, as well as against the defendant in a personal action. As a rule at common law, it lay in all cases where a capias ad respondendum lay as a part of the mesne process. Some classes of persons were, however, exempt from arrest on mesne process who were liable to it on final. It was a very common form of execution until within a few years, in many of the states, but its efficiency has been destroyed' by statutes facilitating the discharge of the debtor in some states, and by statutes prohibiting its issue in others, except in specified cases. See "Arrest;" "Privilege." It is commonly known by the abbreviation ca. sa.

A writ directed to the sheriff or coroner, commanding him to take the person therein named and him safely keep so that he may have his body in court on the return day of the writ, to satisfy {ad satisfaci* ndum) the party who has recovered judgment against him. It is a writ of execution Issued after judgment, and might have been issued against a plaintiff against whom judgmeut was obtained for costs, as well as against the defendant in a personal action. As a rule at common law it lay in all cases where a capias ad respondendum lay as a part of the mesne process. Some classes of persons were, however, exempt from arrest on mesne process who were liable to it on final. It was a very common form of execution, until within a few years, In many of the states; but its efficiency has been destroyed by statutes facilitating the discharge of the debtor, in some states, and by statutes prohibiting its issue, In others, except in specified cases. See Arrest; Privilege. It is commonly known by the abbreviation co. sa. It is tested on a general teste day, and returnable on a general return day. It is executed by arresting the defendant and keeping him in custody. lie cannot be discharged upon bail or by consent of the sheriff. See Escape. And payment to the sheriff is held in England not to be sufficient to authorize a discharge. He might be discharged by showing irregularities in the writ; 3 D. P. C. 291; 4 id. 6. The return made by the officer is either C C. & C. (ccpi corpus et com mitt it ur), or

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.

Defined under Capias in Black's Law Dictionary.

L. Lat. (You take — to satisfy.)

In practice. A writ of execution, (usually termed, for brevity, a ca. 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. 8 Bl Com. 414, 415. 2 Tidd's Pr. 993, 1026. Utt. sect. 504. Co, Litt, 289 a. The ca, sa. in its original form, ran as follows: Bex vie* salutem. Prcecipimus tibi quod capias /. de C. et eum salvo custodias, ita quod habeas corpus ejus coram justitiariis nostris apud Westmonasterium, (tali die,) ad satisfaciendum, G. de K, tarn de viginti solidis quos idem O. in curia nostra, <tc,, recuperavit versus eum, quam de viginti solidis qui ei, in eadem curia nostra, adjudicata fuerunt pro damnis suis qu<B habuit occasione detentionis debiti pradieti. Et habeas ibi hoc breve. Teste, dtc. Beg. Jud. 31. This has been very closely followed in the modern forms of ca, sa, in debt. Capias in withernam. L. Lat. (You take in withernam.)

In practice. A writ which lies where cattle or goods distrained have been driven or " carried out of the country, so that the sheriff cannot take them on a writ of replevin; commanding him to take other cattle or goods of the distrainor, as a second or reciprocal distress, (mthernam, or repetitum namium, signifying a second taking,) in lieu of the distress formerly taken and withheld. Beg, Orig, 82, 83. F. N, B. 69 A. 3 Bl. Com, 148, 413, 129. 3 Steph. Com. 622. See Withernam, Capias pro fink. L. Lat. (you take — ^forthe fine.) In English practice? A writ by which a party condemned to pay a fine to the king, was taken and imprisoned until he paid it. Cro. Eliz. 170. 5 Co. 89. See Capiatur pro fine. This writ was disallowed by statute 6 & 6 W. & M. c. 12, in actions of trespass, ejectment, assault and false imprisonment. 3 Bl. Com. 398. It seems however to be still used in criminal cases. Cole on Informations, 97, Appendix A., No. 47.