or to take. and hold lands to make a contract, and the like. 2 Com. Dig. 294; Dane’s Abr. h. t.
2. The constitution requires that the president, senators, and representatives should have attained certain ages;
and in the case of the senators and representatives, that out these they have no capacity to serve in these offices.
3. All laws which regulate the capacity of persons to contract, are considered personal laws; such are the laws
which relate to minority and majority; to the powers of guardians or parents, or the disabilities of coverture. The
law of the domicil generally governs in cases of this kind. Burge. on Sureties, 89.
CAPAX DOLI. Capable of committing crime. This is said of one who has sufficient mind and understanding to
be made responsible for his actions. See, Discretion.
CAPE, English law. A judicial writ touching a plea of lands and tenements. The writs which bear this name are
of two kinds, namely, cape magnum, or grand, cape, and cape parvum, or petit cape. The petit cape, is so called,
not so much on account of the smallness of the writ, as of the letter. Fleta , lib. 6, c. 55, _40. For the difference
between the form and the use of these writs, see 2 Wms. Saund. Rep. 45, c, d; and Fleta, ubi sup.
CAPERS. Vessels of war owned by private persons, and different from ordinary privateers (q. v.) only in size,
being smaller. Bea. Lex. Mer. 230.
CAPIAS, practice. This word, the signification of which is " that you take," is applicable to many heads of
practice. Several writs and processes, commanding the sheriff to take the person of the defendant, are known by
the name of capias. For example: there are writs of capias ad respondendum, writs of capias ad computandum,
writs of capias ad satisfaciendum, &c., each especially adapted to the purposes indicated by the words used for its
designation. See 3 Bl. Com. 281; 3 Bouv. Inst. n. 2794.
CAPIAS AD AUDIENDUM JUDICIUM, practice. A writ issued in a case of misdemeanor, after the defendant
has appeared and found guilty, and is not present when called. This writ is to bring him to judgment. 4 BI. Com.
CAPIAS AD COMPUTANDUM, practice. A writ issued in the action of account render, upon the judgment
quod computet, when the defendant refuses to appear, in his proper person, before the auditors, and enter into his
account. According to the ancient practice, the defendant, after arrest upon this process, might be delivered on
main−prize, or in default of finding mainpernors, he was committed to the Fleet prison, where the auditors
attended upon him to hear and receive his account. As the object of this process is to compel the defendant to
render an account, it does not appear to be within the scope of acts abolishing imprisonment for debt. For
precedents, see Thesaurus Brevium, 38, 39, 40; 3 Leon. 149; 1 Lutw. 47, 51 Co. Ent. 46, 47; Rast. Ent. 14, b, 15.
CAPIAS AD RESPONDENDUM, practice. A writ commanding the sheriff, or other proper officer, to "take the
body of the defendant and to keep the same to answer, ad respondendum, the plaintiff in a plea," &c. The amount
of bail demanded ought to, be indorsed on the writ.
2. A defendant arrested upon this writ must be committed to prison, unless he give a bail bond (q. v.) to the
sheriff. In some states, (as, until lately, in Pennsylvania,) it is the practice, when the defendant is liable to this
process, to indorse on the writ, No bail required in which case he need only give the sheriff, in writing, an
authority to the prothonotary to enter his appearance to the action, to be discharged from the arrest. If the writ has
been served, and the defendant have not given bail, but remains in custody, it is returned C. C., cepi corpus; if he
have given bail, it is returned C. C. B. B., cepi corpus, bail bond; if the defendant’s appearance have been
accepted, the return is, " C. C. and defendant’s appearance accepted." According to the course of the practice at
common law, the writ bears teste, in the name of the chief justice, or presiding judge of the court, on some day in
term time, when the judge is supposed to be present, not being Sunday, and is made returnable on a regular return
day. 1 Penna. Pr. 36; 1 Arch. Pr. 67.
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,