Capias Pro Fine in United States

Capias Pro Fine Definition

A writ which Issuefl against a defendant who had been lined, and did not discharge the fine according to the judgment. The object of the writ was to arrest a defendant against whom a plaintiff had obtained judgment, and detain him until he paid to the king the fine for the public misdemeanor, coupled with the remedy for the private injury sustained, in all cases of forcible torts (11 Coke, 43; 5 Mod. 285), falsehood in denying one’s own deed (Co. Litt. 131; 8 Coke, 60), unjustly claiming property in replevin, or contempt by disobeying the command of the king’s writ, or the express prohibition of any statute (8 Coke, 60). It is now abolished. 2 Sharswood, Bl. Comm. 398.

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Legal Issue for Attorneys

A writ which Issuefl against a defendant who had been lined, and did not discharge the fine according to the judgment. The object of the writ was to arrest a defendant against whom a plaintiff had obtained judgment, and detain him until he paid to the king the fine for the public misdemeanor, coupled with the remedy for the private injury sustained, in all cases of forcible torts (11 Coke, 43; 5 Mod. 285), falsehood in denying one’s own deed (Co. Litt. 131; 8 Coke, 60), unjustly claiming property in replevin, or contempt by disobeying the command of the king’s writ, or the express prohibition of any statute (8 Coke, 60). It is now abolished. 2 Sharswood, Bl. Comm. 398.

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