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.