Definition of CAPIAS AD RESPONDENDUM


CAPIAS AD RESPONDENDUM

practice. A writ commanding the sheriff,
or other proper officer, to "take the body of the defendant and to
keep the same to answer, ad respondendum, the plaintiff in a plea,"
&c. The amount of bail demanded ought to, be indorsed on the writ.

2. A defendant arrested upon this writ must be committed to prison, unless
he give a bail bond (q. v.) to the sheriff. In some states, (as, until lately,
in Pennsylvania,) it is the practice, when the defendant is liable to this
process, to indorse on the writ, No bail required in which case he need
only give the sheriff, in writing, an authority to the prothonotary to enter
his appearance to the action, to be discharged from the arrest. If the writ
has been served, and the defendant have not given bail, but remains in custody,
it is returned C. C., cepi corpus; if he have given bail, it is returned
C. C. B. B., cepi corpus, bail bond; if the defendant"s appearance have
been accepted, the return is, " C. C. and defendant"s appearance accepted."
According to the course of the practice at common law, the writ bears teste,
in the name of the chief justice, or presiding judge of the court, on some
day in term time, when the judge is supposed to be present, not being Sunday,
and is made returnable on a regular return day. 1 Penna. Pr. 36; 1 Arch.
Pr. 67.

Source: Bouviers Law Dictionary 1856 Edition

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