Capias Ad Respondendum - Law Dictionary Search Results
Home Dictionary Name: capias ad respondendumcapias 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...
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 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...
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. ...
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 ...
Mesne process
Mesne process, all those writs which intervene in the progress of a suit or action between its beginning and end, as contradistinguished from primary and final process. Thus, the capias or mesne process was issued after a writ of summons, which was the primary process, and before a capias ad satisfaciendum, which was the final process, or process of execution. See IMPRISONMENT.By the (English) Judgments Act, 1838 (1 & 2 Vict. c. 110), s. 1, the power of arrest upon mesne process was relaxed, and confined to the case of a debtor about to quit England, and where the amount of the debt was 20l. or upwards; and by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 6, it is enacted, that 'after the commencement of the Act a person shall not be arrested upon mesne process in any action.' Nevertheless, where a plaintiff has good cause of action against the defendant to the amount of 50l. or upwards, and the defendant is about to quit England, and the absence of the defendant from Engla...
Capias
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....
Corpse
Corpse. Removing a corpse from a grave is a misdemeanour at Common Law, Reg. v. Sharpe, (1857) 26 LJ C 47; R. v. Kenyon, (1901) 36 LJ News. 571. Refusing to bury dead bodies by those whose duty it is to do so is punishable by the temporal courts, independently of spiritual censures, on indictment or information. There is no property in a dead body, Williams v. Williams, (1882) 20 Ch D 659.Dissection.--The (English) Anatomy Act, 1832 (2 & 3 Wm. 4, c. 75), makes dissection legal. See DISSECTION.As to post-mortem examinations, see (English) Public Health Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 49), ss. 161 to 163, and Public Health (London) Act, 1936; for disposing of infectious bodies, see the same Acts respectively.A gaoler cannot detain the dead body of a person in his custody under a ca. sa. (capias ad satisfaciendum) until the executors of the deceased person satisfy his pecuniary claims upon the deceased, R. v. Fox, (1841) 2 QB 246; S.C. Re Wakefield, (1841) 1 G&D 566.See BURIAL and CRE...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial