in *English Law*, is a name given to certain executive writs. It is derived, according to a common practice, from the initial words in the order or instruction. This writ is of two sorts; one before judgment in an action, and the other after. That before judgment is called *capias ad respondendum*, and may issue, at any time before final judgment, on the application of a plaintiff having a cause of action to the amount of L20 or upwards (1st and 2d Vict., c. 110) against a defendant who it is suspected is about to quit the country. Under this writ, the defendant is arrested, and cannot obtain his discharge until he gives bail, or deposits the amount of the debt, together with L10 for costs. That after judgment is of divers kinds; as,

*Capias ad Satisfaciendum*, abbreviated into *ca. sa.*, is a writ authorizing execution by imprisonment, and its use has of course been much restrained by recent legislation. It issues on a judgment obtained, and lies where any person recovers in a personal action, as for debt, damages, and the like, exceeding L20, exclusive of costs (7th and 8th Vict., c. 96).

*Capias pro Fine* was anciently a writ lying where a person was fined to the king for some offence committed against a statute, and who did not discharge the fine according to the judgment. So early as the 5th and 6th Will. and Mary, c. 12, it was abolished in cases of trespass, ejectment, assault, and false imprisonment.

*Capias ut Logatus*, is a writ which lies against any one outlawed in any action, 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 further dealt with for his contempt.

*Capias in Withernam*, generally employed against a party endeavouring to evade distress or execution against moveables, is said to lie for goods in *withernam*; that is, where the distress is carried out of the county, or concealed, so that the sheriff cannot make deliverance upon a replevin. The writ requires the sheriff to take other goods of the distrainer, in lieu of the distress formerly taken, and withhold. The term *withernam*, in the old northern languages, is used as equivalent to *reprisals*. Under the new County Courts Act, 9th and 10th Vict., c. 95, the law on the subject of the replevin of goods taken in withernam is materially altered.

The process for treason or felony is also in general by writ of capias, 25th Edw. III., c. 14; and it may also issue on indictments for misdemeanour; but the more usual mode is by a bench warrant, signed by a judge or by two justices, under the 48th Geo. III., c. 58, sec. 1, and the 11th and 12th Vict., c. 42, sec. 3.