CAPIAS AD SATISFACIENDUM
practice. A writ of execution issued upon
a judgment in a personal action, for the recovery of money, directed to
the sheriff or coroner, commanding him to take the defendant, and him safely
keep, so that he may have his body in court on the return day, to satisfy,
ad satisfaciendum, the plaintiff. This writ is tested on a general teste
day, and returnable on a regular return day.
2. It lies after judgment in most instances in which the defendant was subject
to a capias ad respondendum before, and plaintiffs are subject to it, when
judgment has been given against them for costs. Members of congress and
of the legislature, (eundo, morando, et redezzndo,) going to, remaining
at, and returning from the places of sitting of congress, or of the legislature,
are not liable to this process, on account of their public capacity; nor
are ambassadors, (q. v.) and other public ministers, and their ,servants.
Act of Congress of April 30, 1790, s. 25 and 26, Story"s Laws United States,
88; 1 Dunl. Pr. 95, 96; Com. Dig. Ambassador, B; 4 Dall. 321. In Pennsylvania,
women are not subject to this writ except in actions founded upon tort,
or claims arising otherwise than ex contractu. 7 Reed"s Laws of Pa. 150.
In several of the United States, the use of this writ, as well as of the
capias ad respondendum, has been prohibited in all actions instituted for
the recovery of money due upon any contract, express or implied, or upon
any judgment or decree, founded on any contract, or for the recovery of
damages for the breach of any contract, with a few exceptions. See Arrest.
3. It is executed by arresting the body of the defendant, and keeping him
in custody. Discharging him upon his giving security for the payment of
the debt, or upon his promise to return into custody again before the return
day, is an escape, although he do return; 13 Johns. R. 366 8 Johns. R. 98;
and the sheriff is liable for the debt. In England, a payment to the sheriff
or other officer having the ca. sa., is no payment to the plaintiff. Freem.
842 Lutw. 587; 2 Lev. 203; 1 Arch. Pr. 278. The law is different in Pennsylvania.
3 Serg. & Rawle, 467. The return made by the officer is either C. C. & C.,
cepi corpus et comittitur, if the defendant have been arrested and held
in custody; or N. E. I., non est inventus, if the officer has not been able
to find him. This writ is, in common language, called a ca. sa.
Source: Bouviers Law Dictionary 1856 Edition
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