‖ capias Law.
(ˈkæpɪæs)
[L. capias ‘thou mayest take’.]
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.
The term Capias includes writs of various kinds; capias ad respondendum, to enforce attendance at court; capias ad satisfaciendum, after judgement, to imprison the defendant, until the plaintiff's claim is satisfied; capias utlagatum, to arrest an outlawed person; capias in Withernam, to seize the cattle or goods of any one who has made an unlawful distraint (see withernam).
| 1467 in Eng. Gilds (1870) 390 That no seriaunt take..for servynge of a capias eny thynge but in maner folowynge. 1543 Ludlow Churchw. Acc. (Camden) 14 Payde for ij capias..vjd. 1622 Fletcher Span. Cur. v. ii, A capias from my surgeon and my silkman. 1648 Prynne Plea for Lords 52 Walter Clerke..was arrested..upon a Capias Utlagatum. 1682 Luttrell Brief Rel. (1857) I. 234 If his lordship had not appeared, a capias in Withernam would have gone out, whereon he must have been committed. 1689 Hickeringill Modest Inq. ii 17 Excommunications, Capias's, Fines, and Imprisonments. 1812 Combe (Dr. Syntax) Picturesque xxv, Near Clifford's-Inn appear'd to stand Of Capiases an ugly band. 1865 Dublin Univ. Mag. I. 563 A distinguished general officer..who was just going out to India and who had been stopped by a capias. |