Public-domain · open source
OpenJurist

Capias

A Law Dictionary and Glossary · George C. Kinney · 1893

A Law Dictionary and Glossary

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