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Capias in withernam
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Capias in withernamPractice. 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.
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).
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
Elongata
Practice. There turn made by the sheriff to a writ of replevin, when the goods have been removed to places unknown to him.
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.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
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 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 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--------------------------------------
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
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
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.
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).
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
Elongata
Practice. There turn made by the sheriff to a writ of replevin, when the goods have been removed to places unknown to him.
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.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
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 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 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--------------------------------------
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
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
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.
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This dictionary contains 8526 terms.
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