Capias


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Related to Capias: Capias pro fine

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 ?
Fue posible identificar siete razas (sensu Abiusso & Camara Hernandez, 1974): Pisincho (5), Morocho (2), Morocho amarillo (1), Marron (6), Harinoso amarillo (4), Capia (2) y Chullpi (1).
En el sitio CC1A se identificaron cuatro variedades de maiz: Morocho, Pisingallo, Capia y Culli, lo cual demuestra una diversidad importante.
En cuanto al sitio BC II, la mayor variabilidad racial presente respecto a CC1A (Pisincho, Morocho, Morocho amarillo, Marron, Harinoso amarillo, Capia y Chullpi) habla claramente de estrategias multiples en cuanto a la obtencion y las formas de consumo del recurso maiz para un momento mas tardio (ca.
A partir de sus caracteres morfologicos los maices fueron asignados a distintas razas (Pisingallo, Capia, Morocho, Chaucha, Amarillo Grande, entre otras) determinandose la presencia mayoritaria de un "pool" genico uniforme afin al Complejo andino que habria predominado en los ultimos 1300 anos.
000 anos antes del presente (Reboratti, 2003), y que como en otras regiones del mundo andino, ha estado historicamente dominada por la presencia del maiz en sus diferentes variedades (pisingallo, morocho, capia, chullpi, culli, amarillo de ocho, etc.
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.
See Baron, 3 Johns at 482 (explaining that because failure to appear following proper service entitles plaintiff to a default judgment, "[t]he 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"); Boyce v.
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.
When a complaint is filed charging the commission of a misdemeanor only and the judge deems that process should issue as a result, or when an indictment or information on which the defendant is to be tried charging the commission of a misdemeanor only, and the person named in it is not in custody or at large on bail for the offense charged, the judge shall direct the clerk to issue a summons instead of a capias unless the judge has reasonable ground to believe that the person will not appear in response to a summons, in which event an arrest warrant or a capias shall be issued with the amount of bail endorsed on it.
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 .