CAPIAS AD SATISFACIENDUM
(bouvier) | 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.
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