Contumace capiendo

A writ provided by 53 Geo. III. c. 127, in place of the writ de excommunicato capiendo to enable Ecclesiastical Courts to enforce an appearance and punish for contempt. 1 Holdsw. Hist. Engl. Law App. XVIII. See Excommunication. CONTUMACY (Lat contumacia, disobedience). The refusal or neglect of a party accused to appear or answer to a charge preferred against him in a court of Just! Actual contumacy is the refusal of a party actually before the court to obey some order of the court. Presumed contumacy is the act «">f refusing or declining to appear upon being 3 Curt. Dec. 1. One who has been convicted ffl contumaciam in a foreign country is to be regarded, not as convicted of, but only charged with, the offence: Ward, C. J., in Bx parte I'udera, i<;2 Fed. 591, adopting Moore, Ex trad, art 102.

In English law. Excommunication in all cases of contempt in the spiritual courts is discontinued by 53 Geo. III. ¢ 127, § 2, and in lieu thereof, where a lawful citation or sentence has not been obeyed, the judge shall have power, after a certain period, to pronounce auch person contumucious and in contempt, and to signify the saine to the court of chancery, Whereupon a writ de contwmace capiendo shall issue from that court, which shall have the same force and effect as formerly belonged, in case of contempt, to a writ de excommunicato capiendo, (2&3 Wm. IV. c. 93; 3 & 4 Vict. c. 93.) Wharton.

See De conium4Ke capiendo.