Datasegment.com Online Dictionary
  Online Dictionary : C : capias utlagatum e

capias utlagatum e


1 definition found

capias utlagatum e - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  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.