![]() |
||||||||||||||||
|
||||||||||||||||
|
Capias
CapiasPractice. 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. RELATED TERMS-------------------------------------- Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Word Construction. One or more syllables which when united convey an idea a single part of speech. Signification French law. The notice given of a decree, sentence or other judicial act. Several A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more persons separately, each binding himself for the whole; a several action is one in which two or more persons are separately charged; a several inheritance, is one conveyed so as to descend, or come to two persons separately by moieties. Several is usually opposed to joint. Sheriff The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian. Take This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away. Person This word is applied to men, women and children, who are called natural persons. Defendant A party who is sued in a personal action. Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. 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. SIMILAR TERMS-------------------------------------- Capias ad audiendum judicium Practice. A writ issued in a case of misdemeanor, after the defendant has appeared and found guilty, and is not present when called. Capias ad computandum Practice. A writ issued in the action of account render, upon the judgment quod computet, when the defendant refuses to appear, in his proper person, before the auditors, and enter into his account. 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. Capias pro fine Practice, Criminal 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. Capiatur Pro fine. The name of a writ which was issued to levy a fine due to the king. Capita Capita or Per capita. By heads. An expression of frequent occurrence in laws regulating the distribution of the estates of persons dying intestate. Capital 1) Political economy, commerce. In political economy, it is that portion of the produce of a country, which may be made directly available either to support the human species or to the facilitating of production. 2) In commerce, as applied to individuals, it is those objects, whether consisting of money or other property, which a merchant, trader, or other person adventures in an undertaking, or which he contributes to the common stock of a partnership. 3) It signifies money put out at interest. Capital crime A crime punishable by death. Capital punishment The judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. Capitalization The conversation of income into value. Capitation A poll tax; an imposition which is yearly laid on each person according to his estate and ability. Capite Descents. By the head. Distribution or succession per capita, is said to take place when every one of the kindred in equal degree, and not jure representationis, receive an equal part of an estate. Capitularies The Capitularia or Capitularies, was a code of laws promulgated by Childebert, Clotaire, Carloman, Pepin, Charlemague, and other kings. It was so called from the small chapters or heads into which they were divided. Capitulation 1) War. The treaty which determines the conditions under which a fortified place is abandoned to the commanding officer of the army which besieges it. 2) Civ.law. An agreement by which the prince and the people, or those who have the right of. the people, regulate the manner in which the government is to be administered. PREVIOUS AND NEXT TERMS-------------------------------------- Capax Latin. Receiving or containing: able, fit for; having capacity. Capax doli Capable of committing crime. This is said of one who has sufficient mind and understanding to be made responsible for his actions. Cape English law. A judicial writ touching a plea of lands and tenements. Capere Latin. To take, seize; to arrest. Capers Vessels of war owned by private persons, and different from ordinary privateers only in size, being smaller. Capias Capias ad audiendum judicium Practice. A writ issued in a case of misdemeanor, after the defendant has appeared and found guilty, and is not present when called. Capias ad computandum Practice. A writ issued in the action of account render, upon the judgment quod computet, when the defendant refuses to appear, in his proper person, before the auditors, and enter into his account. 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. Capias pro fine Practice, Criminal 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. Capiatur Pro fine. The name of a writ which was issued to levy a fine due to the king. We thank you for using the Juridical Dictionary to search for Capias. If you have a better definition for Capias than the one presented here, please let us know by making use of the suggest a term option. This definition of Capias may be disputed by other professionals. Our attempt is to provide easy definitions on Capias and any other medical topic for the public at large.
|
|||||||||||||||
| © Juridical Dictionary 2005. All rights reserved. | ||||||||||||||||
| apias / cpias / caias / capas / capis / capia / ccapias / caapias / cappias / capiias / capiaas / capiass / xapias / sapias / dapias / fapias / vapias / apias / cqpias / cwpias / cspias / cxpias / czpias / ca0ias / ca-ias / ca[ias / ca;ias / calias / caoias / ca9ias / capas / capiqs / capiws / capiss / capixs / capizs / capiaw / capiae / capiad / capiax / capiaz / capiaa / capiaq / | ||||||||||||||||