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CAPIAS

Volume 5 · 274 words · 1815 Edition

in Law, a writ of two sorts; one before judgement in an action, and the other after. That before judgement is called capias ad respondendum, where an original is issued ex t., to take the defendant, and make him answer the plaintiff. That after judgement is of divers kinds; as,

CAPIAS ad Satisfaciendum, a writ of execution that issues on a judgement obtained, and lies where any person recovers in a personal action, as for debt, damages, &c. in which cases this writ issues to the sheriff, commanding him to take the body of him against whom the debt is recovered, who is to be kept in prison till he makes satisfaction.

CAPLUS Pro Fine is a writ lying where a person is fined to the king, for some offence committed against a statute, and he does not discharge the fine according to the judgement; therefore his body shall be taken by this writ, and committed to gaol till the fine is paid.

CAPLUS Ullegatum, a writ which lies against any one outlawed, upon any action personal or criminal, by which the sheriff is ordered to apprehend the party outlawed, for not appearing on the exigent, and keep him in safe custody till the day of return, when he is ordered to present him to the court, to be there farther ordered for his contempt.

CAPLUS in Withernam, a writ that lies for cattle in withernam: that is, where a distress taken is driven out of the county, so that the sheriff cannot make deliverance upon a replevin; then this writ issues, commanding the sheriff to take as many beasts of the distrainer, &c.