CAPIAS UTLAGATUM E
(bouvier) | CAPIAS UTLAGATUM 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 him.
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. See Outlawry.
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