Capias

(redirected from CAPIA)
Also found in: Dictionary, Acronyms.

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 ?
El caso mas auspicioso fue el de la raza capia cuya probabilidad de correcta clasificacion fue del 74%.
"We don't understand why we are not having money for the payment of these just dues for the employees," said Capia, the assistant municipal agriculture officer.
What chiefly makes the study of history wholesome and profitable is this, that you behold the lessons of every kind of experience set forth as on a conspicuous monument; from these you may choose for yourself and for your own state what to imitate, from these mark for avoidance what is shameful in the conception and shameful in the result [Hoc illud est praecipue in cognitione rerum salubre ac frugiferum, omnis te exempli documenta in inlustriposita monumento intueri; inde tibi tuaeque reipublicae quod imitere capias, inde foedum inceptu, foedum exitu, quod vites] (Livy, Praef.
(63) <<The whole of the matrimonial jurisdiction, the whole of the testamentary jurisdiction was, we know, specially regarded as a branch of canon law; but by its jurisdiction for correction of life, 'pro salute animae', it entered into every man's house; attempted to regulate his servants, to secure his attendance at church, to make him pay his debts, to make him observe his oaths, to make him by spiritual censures, which by the alliance with the State had coercive force, by the dread of a writ of capias excommunicatum, to keep all the weightier matters of the law, not only judgment, mercy, and truth, but faith, hope, and charity also>> (W.
(161) Examples for use of posse comitatus in cases of resistance of civil process included a Precept of Restitution, (162) and Writs of Execution, Replevin, Estrepement, Capias, "or other Writ." (163) The posse comitatus could be used to "to apprehend Felons, &c.
Bailey argues here that "indenture functioned both as a labor contract and a prima facie debt: Its promissory element was subtended by the logic of capias ad satisfaciendum, the writ that allowed for the detention of the body of the borrower in the event of nonpayment" (9899).
Modernamente, porem, o capias ad repondendum (agarre para responder) dera lugar a outras formas de afirmacao do poder da Corte, sendo suficiente para a observancia do due process of Law um minimo de contatos do reu com o foro, de modo a que o prosseguimento da acao nao ofenda "as nocoes tradicionais de jogo leal e justica substancial" (traditional notions offair play and substancial justice).
Like the constables, the sheriff's deputies who work for the civil process division deliver court documents and make civil arrests under the so-called "capias" process.
2011) (lawyer disbarred after engaging in an elaborate series of misrepresentations to his client, stealing money, and neglecting matters causing a capias to be issued for his client's arrest).
(...) reposta/In peris capias munuscula pama precamur./lonas--Hue puer.
On an indictment for felony or treason, a capias [arrest warrant] is always the first process.").