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Related to Capias: Capias pro fine


[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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
La clasificacion subespecifica de Zea mays de Camara Hernandez se basa en caracteres externos de la espiga (marlo con cariopsis) incluyendo caracteres propios del cariopsis e involucra catorce razas: Pisingallo, Morocho, Morocho amarillo, Chullpi, Capia, Harinoso, Harinoso amarillo, Culli, Garrapata, Azul, Marron, Amarillo chico, Amarillo grande y Bola (Abiusso & Camara Hernandez, 1974).
The order to show cause must state the essential facts constituting contemptuous conduct.(11) The order can be issued like a summons or a capias.(12) If it is issued as a capias, a bond can be required.(13) The sheriff is the officer who serves the order without costs.
(observing that the power to arrest by virtue of what was called a writ of capias ad respondendum had "given way to personal service of summons or other form of notice").
"Regardless of the division's rationale for filing each document, it is apparent that under the facts of this case, the division and circuit court utilized the two documents differently, as the filing of the notices of citation resulted in no further action against Coleman, while the field violation report resulted in the circuit court suspending Coleman's probation and ordering a capias warrant for Coleman's arrest," Russell wrote.
The respondent defaulted numerous times, leading to findings of contempt and the issuance of a capias and causing the co-borrower to pursue payment in numerous jurisdictions.
A writ of capias is for the sheriff to arrest a defendant in a civil case who has refused to appear in court.
The exacting process required a court to issue a writ of capias ad
Over the years, judges in various courts have resorted to issuing capias warrants against Mr.
in admiralty, the fee for service by the marshal of the original process in the proceeding (capias, attachment, or summons) was twelve shillings plus an additional one shilling for "[t]ravelling each mile, going only." Id.
There is a note on illustrations of John Lang's works with special attention paid to the illustrated cover of Captain Macdonald or Haps and Mishaps at Capias Castle.