Capias Utligatum

Legal Definition and Related Resources of Capias utligatum

Meaning of Capias utligatum

A writ directing the arrest of an outlaw. If general, it directs the sheriff to arrest the outlaw, and bring him before the court on a general return day. If special, it directs the sheriff, in addition, to take possession of the goods and chattels of the outlaw, summoning a jury to determine their value. It was a part of the process subsequent to the capias, and was issued to compel an appearance where the defendant had absconded, and a capias could not be served upon him. The outlawry was readily reversed upon any plausible pretext, upon appearance of a party in person or by attorney, as the object of the writ was then satisfied. The, writ issued after an outlawry in a criminal as well as in a civil case. See 3 Sharswood, Bl. Comm. 284; 4 Bl. Comm. 320.

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This definition of Capias Utligatum is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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