| 词汇 | Capias2 |
| 释义 | `1`Capias2 `2` "Legal Lexicon": It is executed by arresting the body of the defendant and keeping him in custody. Discharging him upon his giving security for the payment of the debt, or upon his promise to return into custody again before the return day, is an escape, although he do return; and the sheriff is liable for the debt. In England, a payment to the sheriff or other officer having the ca. sa., is no payment to the plaintiff. The return made by the officer is either C. C. & C., cepi corpus et comittitur, if the defendant have been arrested and held in custody; or N. E. I., non est inventus, if the officer has not been able to find him. This writ is, in common language, called a ca. sa. CAPIAS PRO FINE - Practice, Crim. Law. The name of a writ which issues against a defendant who has been fined and who does not discharge it according to the judgment. This writ commands the sheriff to arrest the defendant and commit him to prison, there to remain till he pay the fine or be otherwise discharged according to law. CAPIAS UTLAGATUM - English Practice. A capias utlagatum is general or special; the former against the person only, the latter against the person, lands and goods. This writ issues upon the judgment of outlawry being returned by the sheriff upon the exigent, and it takes its name from the words of the mandatory part of the writ which states the defendant being outlawed utlagatum, which word comes from the Saxon utlagh, Latinized utlagatus, and signifies bannitus, extra legem. The general writ of capias utlagatum commands the sheriff to take the defendant so that he have him before the king on a general return day, wheresoever, etc., to do and receive what the court shall consider of him. The special capias utlagatum, like the general writ, commands the sheriff to take the defendant. The defendant is discharged upon an attorney's undertaking or upon giving bond to the sheriff in the same manner as when the writ is general. But the special writ also commands the sheriff to inquire by a jury of the defendant's goods and lands, to extend and appraise the same, and to take them in the king's hands and safely keep them so that he may answer to the king for the value and issue's of the same. CAPIAS IN WITHERNAM - Practice. A writ issued after a return of elongata or eloigned has been made to a writ of retorno habendo commanding the sheriff to take so many of the distrainer's goods by way of reprisal as will equal the goods mentioned in the retorno habendo. --b-- |
| 随便看 |
|
英汉汉英法律词典收录144709条英汉法律翻译词条，基本涵盖了全部常用法律英语单词的释义及例句，是法律专业英语学习的有利工具。