English practice. A capias utlagatum is general
or special; the former against the person only, the latter against the person,
lands and goods.
2. This writ issues upon the judgment of outlawry being returned by the
sheriff upon the exigent, and it takes its name from the words of the mandatory
part of the writ, which states the defendant being outlawed utlagatum, which
word comes from the Saxon utlagh, Latinized utlagatus, and signifies bannitus,
extra legem. Cowel.
3. The general writ of capias utlagatum commands the sheriff to take the
defendant, so that he have him before the king on a general return day,
wheresoever, &c., to do and receive what the court shall consider of
4. The special capias utlagatum, like the general writ, commands the sheriff
to take the defendant. The defendant is discharged upon an attorney"s undertaking,
or upon giving bond to the sheriff, in the same manner as when the writ
is general. But the special writ also commands the sheriff to inquire by
a jury, of the defendant"s goods and lands, to extend and appraise the same,
and to take them in the king"s hands and safely keep them, so that he may
answer to the king for the value and issue"s of the same. 2 Arch. Pr. 161.
Source: Bouviers Law Dictionary 1856 Edition
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