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 capiasWrit 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
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 capiasCapias 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
jargon, these writs
are sometimes referred
to as a writ of capias
to "take" a person
or ****ets. Capias writs
are often issued
- writ of audita querela inhibits
a lawful judgment because of matters arising subsequent
to the judgment. A writ of capias
- systems, capias
(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
pro fine are writs
or warrants issued after
the defendant defaults
on an agreement
with the court. The writ
is considered outstanding until
- 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
- in court
on July 11, 14, and 18, 1882 to answer charges of
"larceny". However, a writ of capias
for him on the 11th, suggesting
that he did...
on July 11, and again
on July 14 to answer charges of
"larceny"; but a writ of capias
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
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
fine is paid)...
- ancient writs
and procedures: Latin informations
informations; Writs of capias
ad respondendum, subpoena
and writs of
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