KFLCC Kingdom Law 2nd Ed.

CAPACITY

166

CAPIATUR PRO FINB

CAPIAS. The general name for several species of writs, the common characteristic of which is that they require the officer to take the body of the de fendant into custody; they are writs of at tachment or arrest. In English practice. A capias is the process on an indictment when the person charged is not in custody, and in cases not otherwise provided for by statute. 4 Steph. Comm. 383. — Capias ad audiendum judicium. A writ issued, in a case of misdemeanor, after the de fendant has appeared and is found guilty, to bring him to hear judgment if he is not present when called. 4 Bl. Comm. 368.— Capias ad computandum. In the action of account ren der, after judgment of quod computet, if the de fendant refuses to appear personally before the auditors and make his account, a writ by this name may issue to compel him.— -Capias ad re spondendum. A judicial writ, (usually simply termed a ''capias,") by which actions at law were frequently commenced; and which com mands the sheriff to take the defendant, and him safely keep, so that he may have his body before the court on a certain day, to answer the plaintiff in the action. 3 Bl. Comm. 282; 1 Tidd, Pr. 128. The name of this writ is com monly abbreviated to oa. resp.— Capias ad sat isfaciendum. A writ of execution, (usually termed, for brevity, a "ca. sa.,") which a party may issue after having recovered judgment against another in certain actions at law. It commands the sheriff to take the party named, and keep him safely, so that he may have his body before the court on a certain day, to sat isfy the party by whom it is issued, the dam ages or debt and damages recovered by the judg ment. Its effect is to deprive the party taken of his liberty until he makes the satisfaction awarded. 3 Bl. Comm. 414, 415; 2 Tidd, Pr. 993, 1025; Litt. § 504; Co. Litt. 289a; Strong v. Linn, 5 N. J. Law, 803.— Capias extendi facias. A writ of execution issuable in Eng land against a debtor to the crown, which com mands the sheriff to "take" or arrest the body, and "cause to be extended" the lands and goods of the debtor. Man. Exch. Pr. 5.— Capias in •withernam. A writ, in the nature of a re prisal, which lies for one whose goods or cattle, taken under a distress, are removed from the county, so that they cannot be replevied, com manding the sheriff to seize other goods or cat tle of the distrainor of equal value.— Capias pro fine. (That you take for the fine or in mercy.) Formerly, if the verdict was for the defendant, the plaintiff was adjudged to be amerced for his false claim; but, if the verdict was for the plaintiff, then in all actions vi et armis, or where the defendant, in his pleading, had falsely denied his own deed, the judgment contained an award of a capiatur pro fine; and in all other cases the defendant was adjudged to be amerced. The insertion of the misericordia or of the capiatur in the judgment is now un necessary. Wharton.— Capias utlagatum. (You take the outlaw.) In English practice. A writ which lies against a person who has been outlawed in an action, by which the sheriff is commanded to take him, and keep him in cus tody until the day of the return, and then pre sent him to the court, there to be dealt with for his contempt. Reg. Orig. 138&; 3 Bl. Comm. 284. (Let him be taken for the fine.) In English practice. A clause inserted at the end of old judgment records in actions of debt, where the defend ant denied his deed, and it was found against Lat. "That you take." CAPIATUR PRO FINE.

the sovereigns of England, before -whom it is carried at the coronation and other great solemnities. Caps of maintenance are also carried before the mayors of several cities in England. Ene. Lond. Legal capacity is the attri bute of a person who can acquire new rights, or transfer rights, or assume duties, accord ing to the mere dictates of his own will, as manifested in juristic acts, without any re straint or hindrance arising from his status or legal condition. Ability; qualification; legal power or right. Applied in this sense to the attribute of per sons (natural or artificial) growing out of their status or juristic condition, which en ables them to perform civil acts; as capacity to hold lands, capacity to devise, etc. Bur gett v. Barrick, 25 Kan. 530; Sargent v. Bur dett, 96 Ga. Ill, 22 S. E 667. Lat. Capable of com mitting crime, or capable of criminal intent. The phrase describes the condition of one who has sufficient intelligence and compre hension to be held criminally responsible for his deeds. CAPACITY. CAPAX DOIiI. CAPE. In English practice. A judicial writ touching a plea of lands or tenements, divided into cape magnum, or the grand cape, which lay before appearance to sum mon the tenant to answer the default, and also over to the demandant; the cape ad va lentiam was a species of grand cape, and cape parvwn, or petit cape, after appearance or view granted, summoning the tenant to answer the default only. Termes de la Ley; A species of cape magnum. — Grand cape. A judicial writ in the old real actions, which issued for the demandant where the tenant, after being duly summoned, neglected to appear on the return of the writ, or to cast an essoin, or, in case of an essoin being cast, neglected to appear on the adjourn ment day of the essoin; its object being to com pel an appearance. Rose. Real Act. 165, et seq. It was called a "cape," from the word with which it commenced, and a "grand cape" (or cape magnum) to distinguish it from the petit cape, which lay after appearance. A box, cabinet, or repository in which were pre served the relics of martyrs. Spelman. A small building in which relics were preserv ed; an oratory or chapel. Id. In old English law. A chapel. Fleta, lib. 5, c. 12, § 1; Spelman; Cowell. Vessels of war owned by pri vate persons, and different from ordinary privateers only in size, being smaller. Beawes, Lex Merc. 230. 3 Steph. Comm. 606, note. —Cape ad valentiam. CAPEIXA. In old records. CAPERS. CAPAX NEGOTH. Competent to trans act affairs; having business capacity.