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Capias ad computandum
Capias ad computandumPractice. 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. 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. Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Account Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them. Render To yield; to return; to give again; it is the reverse of prender. Judgment Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Defendant A party who is sued in a personal action. Proper That which is essential, suitable, adapted, and correct. Person This word is applied to men, women and children, who are called natural persons. SIMILAR TERMS-------------------------------------- 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. 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 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-------------------------------------- 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 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. 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 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. We thank you for using the Juridical Dictionary to search for Capias ad computandum. 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