CAPIAS AD SATISFACIENDUM.
In Practice. .• -writ directed to the sheriff or coroner, comma ding him to take the person therein named and him safely keep so that he may have his body in court on the return day of the writ, to satisfy (ad satisfaciendum) the party who has recovered judgment against him.
It is a writ of execution issued after judgment, and might have been issued against a plaintiff against whom judgment was obtained for costs, as well as against the defendant in a personal action. As a rule at common law it lay in all cases where a copies ad respondendton lay as a part of the means pro cess. Some classes of persons were, however, ex empt from arrest on Eocene process who were liable to it on final. It was a very common form of execution, until within a few years, in many of the states; hut its efficiency has been destroyed by statutes facilitating the discharge of the debtor, in some states, and by statutes prohibiting its issue, in others, except in specified cases. See ARREST; PRIVILEGE. It is commonly known by the abbre viation ca. sa.
It is tested on a general teste day, and re turnable on a general return day.
It is executed by arresting the defendant and keeping him in custody. He cannot be discharged upon bail or by consent of the sheriff. See ESCAPE. And payment to the sheriff is held in England not to be sufficient to authorize a discharge.
The return made by the cfficer is either C. C. & C. (cepi corpus et committitur), or N. E. I. (non est inventus). The effect of execution by a ca. sa. is to prevent suing out auy other process against the lands or goods of the person arrested, at common law; but this is modified by statutes in the modern law. See EXECUTION.
Consult Archbold • Chitty ; Sellon, Prac tice ; 3 Sharswood, Blackstone, Comm. 414. CAPIAS UTLIGATUM. In Practice. A writ directing the arrest of An outlaw.
If general, it directs the sheriff to arrest the outlaw and bring him before the court on a general return day.
If special, it directs the sheriff, in addition, to take possession of the goods and chattels of the outlaw, summoning a jury to determine their value.
It was a pert of the process subsequent to the capias, and was issued to compel an appearance where the defendant had absconded and a eapias could not bo served upon him. The outlawry was readily reversed upon any plausible pretext, upon appearance of a party in person or by attorney, as the object of the writ was then satisfied.. The writ issued after an outlawry in a criminal as well as in a civil case. See 3 Shsrswood, Blackst. Comm. 284; 4 id. 320.