Capias Ad Respondendum - Law Dictionary Search Results

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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 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 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...

arrest

arrest [Middle French arest, from arester to stop, seize, arrest, ultimately from Latin ad to, at + restare to stay] : the restraining and seizure of a person whether or not by physical force by someone acting under authority (as a police officer) in connection with a crime in such a manner that it is reasonable under the circumstances for the person to believe that he or she is not free to leave see also miranda warnings probable cause at cause, warrant compare stop cit·i·zen's arrest : an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen NOTE: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence. civil arrest : the arrest and detention of a defendant in a civil suit until he or she posts bail or pays the judgment see also capias ad respondendum NOTE: Civil arrest is restricted or prohibited in most states. ...

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