Capias

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Capias

[Latin, That you take.] The name for several different kinds of writs, or court orders, all of which require an officer to take the defendant into custody.For example, a capias ad audiendum judicium is a writ that orders the defendant brought back before the court after an appearance in which the person has been found guilty of a misdemeanor. A capias ad satisfaciendum orders the sheriff to take the defendant into custody until a judgment is paid or a discharge is granted on the ground that the defendant is an insolvent debtor. This is a body execution.

CAPIAS, practice. This word, the signification of which is "that you take," is applicable to many heads of practice. Several writs and processes, commanding the sheriff to take the person of the defendant, are known by the name of capias. For example: there are writs of capias ad respondendum, writs of capias ad computandum, writs of capias ad satisfaciendum, &c., each especially adapted to the purposes indicated by the words used for its designation. See 3 Bl. Com. 281; 3 Bouv. Inst. n. 2794.

References in periodicals archive ?
If the defendant did not respond to the summons, the plaintiff sued out a capias against the defendant.
1808) ("The service of a declaration in ejectment on the tenant in possession is considered as much the commencement of the suit, as the service of a capias ad respondendum in personal actions.
On the filing of either an indictment or information charging the commission of a crime, if the person named therein is not in custody or at large on bail for the offense charged, the judge shall issue or shall direct the clerk to issue, either immediately or when so directed by the prosecuting attorney, a capias for the arrest of the person.
Tiene multiples aplicaciones culinarias: se utilizan para elaborar la chicha; los cariopsis maduros hervidos constituyen el mote que se usa para preparar guisos, picantes y tamales; con su harina se hacen bizcochos llamados capias (Parodi, 1959; Abiusso & Camara Hernandez, 1974).
At common law, there were several forms of habeas corpus: habeas corpus ad faciendum, habeas corpus ad recipiendum, habeas corpus ad respondendum, habeas corpus ad satisfaciendum, habeas corpus ad subjiciendum, habeas corpus ad testificandum, habeas corpus capias ita, and habeas corpus quod distringat.
293) A manual for justices of the peace in colonial America recounts the following case: A Man was outlawed for want of an Appearance: The Sheriff came to his House with a Latiat and with a Capias Utlegatum, without the Privity of the Plaintiff, and the outward Door being open, he entered; then he and his company shut the Door, and drew their Swords, and went up to the Chamber where the Man was in Bed, and knocked gently at the Door, which was lock'd, but did not tell who they were, or for what they came; but the Door not being immediately opened, they broke it open, and arrested the Person .