'Writ of capias' definitions:

Definition of 'Writ of capias'

From: GCIDE
  • Writ \Writ\, n. [AS. writ, gewrit. See Write.] [1913 Webster]
  • 1. That which is written; writing; scripture; -- applied especially to the Scriptures, or the books of the Old and New testaments; as, sacred writ. "Though in Holy Writ not named." --Milton. [1913 Webster]
  • Then to his hands that writ he did betake, Which he disclosing read, thus as the paper spake. --Spenser. [1913 Webster]
  • Babylon, so much spoken of in Holy Writ. --Knolles. [1913 Webster]
  • 2. (Law) An instrument in writing, under seal, in an epistolary form, issued from the proper authority, commanding the performance or nonperformance of some act by the person to whom it is directed; as, a writ of entry, of error, of execution, of injunction, of mandamus, of return, of summons, and the like. [1913 Webster]
  • Note: Writs are usually witnessed, or tested, in the name of the chief justice or principal judge of the court out of which they are issued; and those directed to a sheriff, or other ministerial officer, require him to return them on a day specified. In former English law and practice, writs in civil cases were either original or judicial; the former were issued out of the Court of Chancery, under the great seal, for the summoning of a defendant to appear, and were granted before the suit began and in order to begin the same; the latter were issued out of the court where the original was returned, after the suit was begun and during the pendency of it. Tomlins. Brande. Encyc. Brit. The term writ is supposed by Mr. Reeves to have been derived from the fact of these formulae having always been expressed in writing, being, in this respect, distinguished from the other proceedings in the ancient action, which were conducted orally. [1913 Webster]
  • Writ of account, Writ of capias, etc. See under Account, Capias, etc.
  • Service of a writ. See under Service. [1913 Webster]

Definition of 'writ of capias'

From: GCIDE
  • Capias \Ca"pi*as\, n. [L. thou mayst take.] (Low) A writ or process commanding the officer to take the body of the person named in it, that is, to arrest him; -- also called writ of capias. [1913 Webster]
  • Note: One principal kind of capias is a writ by which actions at law are frequently commenced; another is a writ of execution issued after judgment to satisfy damages recovered; a capias in criminal law is the process to take a person charged on an indictment, when he is not in custody. --Burrill. Wharton. [1913 Webster]