Capias - Law Dictionary Search Results
Home Dictionary Name: capiasCapias
Capias (that you take). The writ of capias (which was a writ directing the sheriff to take the body of the defendant), as a means of commencing an action at Common Law, was altogether abolished, and a new writ, called a 'capias on mesne process,' or 'bailable process,' was introduced by the (English) Judgments Act, 1838 (1 & 2 Vict. c. 110), s. 3, which limited the application of the writ to cases in which the cause of action amounted to 20l. or upwards, and the debtor was about to quit England, unless forthwith apprehended; see now the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 6, abolishing arrest on mesne process; and see MESNE PROCESS....
capias ad respondendum
capias ad respondendum or capias n [Medieval Latin, you may seize (the person) to (make him/her) answer the charge] : a writ or process commanding an officer to place a person under civil arrest in order to answer a charge ...
Capias ad satisfaciendum
Capias ad satisfaciendum (that you take to satisfy); called in practice a ca. sa. A writ of execution of the highest nature, inasmuch as it deprived a person of liberty, till the satisfaction awarded be made. The writ was addressed to the sheriff, commanding him to take the body of the defendant and have him at Westminster on a day therein named, or immediately after the execution of the writ, to make the plaintiff satisfaction for his demand, or remain in custody till he did. The general rule was that any person might be arrested under this writ who was not privileged from being held to bail under a capias ad respondendum. By 7 & 8 Vict. c. 96, s. 57, this kind of execution was abolished 'in any action for the recovery of any debt wherein the sum recovered shall not exceed 20l. exclusive of the costs recovered by such judgment,' and by the (English) Debtors Act, 1869, (32 & 33 Vict c. 62), in any action whatever, unless the defendant could, but would not, pay. See IMPRISONMENT FOR DEB...
capias ad satisfaciendum
capias ad satisfaciendum [Medieval Latin, you may seize (the person) to (make him/her) satisfy (the claim)] : a writ or process commanding an officer to place a person (as a debtor) under civil arrest until a claim is satisfied ...
Capias
A writ or process commanding the officer to take the body of the person named in it that is to arrest him also called writ of capias...
Capias ad audiendum judicum
Capias ad audiendum judicum (that you take to hear judgment). This writ is awarded and issued in case the defendant be found guilty of a misdemeanour (the trial of which may happen in his absence), to bring him up to the Court to receive sentence...
Capias ad respondendum
Capias ad respondendum (that you take to answer). A process issued in cases of injury accompanied with force, or otherwise, against the defendant's person, when he neglected to appear upon the former process of attachment, or had no substance whereby to be attached, subjecting his person to imprisonment, 3 Bl. Com. 281. See 48 Geo. 3, c. 58...
Capias in withernam
Capias in withernam (that you take by way of reprisals). If the goods before an action of replevin had been concealed, so that the sheriff could not replevy them, then, upon plaint being levied in the County court by the plaintiff, the plaintiff might issue this writ directing the sheriff to take goods or cattle of the defendant, to the value of those taken by him, and deliver them to the plaintiff, who gave a bond with sureties, conditioned to prosecute his suit and to return the goods, etc., so to be delivered to him, if a return of them should be afterwards adjudged. Goods taken in withernam could not be replevied till the original distress was forthcoming.Also, after verdict and judgment for defendant in replevin, and the usual writ of execution de retorno habendo had been sued out, to which the sheriff had returned that the goods, etc., were concealed or eloigned, i.e., conveyed to places unknown to him, so that he could not execute the writ, the defendant might then sue out a api...
Capias utlagatum
Capias utlagatum (that you take the out law). This writ is either general, against the person only; or special, against the person, lands, and goods. Outlawry is abolished in civil proceedings; but survives (though long practically disused) for criminal purposes, and a form of the writ (No. 62) may be found in the Appendix to the Crown Office Rules of 1906, which also (by Rules 88-110) provide for procedure to outlawry and in reversal of outlawry....
Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
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