Definition of Writ of capias. Meaning of Writ of capias. Synonyms of Writ of capias

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Definition of Writ of capias

Writ of capias
Writ Writ, n. [AS. writ, gewrit. See Write.] 1. That which is written; writing; scripture; -- applied especially to the Scriptures, or the books of the Old and New testaments; as, sacred writ. ``Though in Holy Writ not named.' --Milton. Then to his hands that writ he did betake, Which he disclosing read, thus as the paper spake. --Spenser. Babylon, so much spoken of in Holy Writ. --Knolles. 2. (Law) An instrument in writing, under seal, in an epistolary form, issued from the proper authority, commanding the performance or nonperformance of some act by the person to whom it is directed; as, a writ of entry, of error, of execution, of injunction, of mandamus, of return, of summons, and the like. Note: Writs are usually witnessed, or tested, in the name of the chief justice or principal judge of the court out of which they are issued; and those directed to a sheriff, or other ministerial officer, require him to return them on a day specified. In former English law and practice, writs in civil cases were either original or judicial; the former were issued out of the Court of Chancery, under the great seal, for the summoning of a defendant to appear, and were granted before the suit began and in order to begin the same; the latter were issued out of the court where the original was returned, after the suit was begun and during the pendency of it. Tomlins. Brande. Encyc. Brit. The term writ is supposed by Mr. Reeves to have been derived from the fact of these formul[ae] having always been expressed in writing, being, in this respect, distinguished from the other proceedings in the ancient action, which were conducted orally. Writ of account, Writ of capias, etc. See under Account, Capias, etc. Service of a writ. See under Service.
writ of capias
Capias Ca"pi*as, n. [L. thou mayst take.] (Low) A writ or process commanding the officer to take the body of the person named in it, that is, to arrest him; -- also called writ of capias. Note: One principal kind of capias is a writ by which actions at law are frequently commenced; another is a writ of execution issued after judgment to satisfy damages recovered; a capias in criminal law is the process to take a person charged on an indictment, when he is not in custody. --Burrill. Wharton.

Meaning of Writ of capias from wikipedia

- police jargon, these writs are sometimes referred to as a writ of capias, defined as orders to "take" a person or ****ets. Capias writs are often issued when...
- writ of audita querela inhibits the unconscionable use of a lawful judgment because of matters arising subsequent to the judgment. A writ of capias directs...
- systems, capias ad respondendum (Latin: "that you may capture [him] in order for him to reply") is or was a writ issued by a court to the sheriff of a particular...
- Capias pro fine are writs or warrants issued after the defendant defaults on an agreement with the court. The writ is considered outstanding until paid...
- an index to the record of indictment for a whole county". On 31 January 1351, the King summoned FitzWalter by a writ of capias and he appeared before...
- in court on July 11, 14, and 18, 1882 to answer charges of "larceny". However, a writ of capias was issued for him on the 11th, suggesting that he did...
- Pueblo on July 11, and again on July 14 to answer charges of "larceny"; but a writ of capias was issued for him on the 11th, suggesting that he may not...
- brought before the court under a writ of capias ad respondendum. Notice in such a case is inferred from consent of the defendant to go with the officer....
- detention would be permissible under the writ of capias pro fine (generally, a writ ordering the imprisonment of a defendant until a criminal fine is paid)...
- ancient writs and procedures: Latin informations and English informations; Writs of capias ad respondendum, subpoena ad respondendum and writs of apprai****t;...
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