{"id":5360,"date":"2017-08-19T01:59:28","date_gmt":"2017-08-19T01:59:28","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=5360"},"modified":"2018-02-23T04:06:12","modified_gmt":"2018-02-23T04:06:12","slug":"vicontiel-writs-directed-to-the-sheriff","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=5360","title":{"rendered":"\u201cVicontiel\u201d Writs & Writs of Capias – Directed to the Sheriff"},"content":{"rendered":"

vicontiel<\/span>:<\/span><\/strong>
\nadj<\/em>. (17c.)<\/span><\/p>\n

1. Of, relating to, or involving a viscount. <\/span><\/strong><\/p>\n

2. Of,\u00a0relating to, or involving a sheriff.<\/strong> \u2013 aka visountiel. \u2013 aka vice-comital. [1]<\/span><\/p>\n

vicontiel writ<\/span>:<\/span><\/strong>
\n(18c.) Hist<\/em>.<\/span><\/p>\n

1. A writ triable in the county court. \u00a0In the 13th-14th\u00a0centuries, civil litigation could originate in the county court either by oral plaint or by a\u00a0writ from the Chancery ordering the sheriff to do justice in a case. \u00a0The writ that began\u00a0such a proceeding was called vicontiel because it was addressed to the sheriff. <\/span><\/strong>[1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0George Crompton’s<\/span>\u00a0Practice Common-Placed: Rules and\u00a0Cases of Practice in the Courts of King\u2019s Bench and Common\u00a0Pleas<\/a>:<\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cVicontiel writs were of two sorts, the one founded on<\/span> <\/span>torts<\/a>, the other on<\/span> contracts<\/a>. The vicontiel writs adapted for<\/span>\u00a0torts<\/a>, were those of<\/span> trespass<\/a>, replegiari facias (aka “Writ of Replevin”), nuisance, &\u00a0others of the like nature; & those of matters of contract were\u00a0called writs of justice, which was a command to the sheriff to\u00a0do justice between the parties….<\/span><\/strong>\u201d<\/strong> [2]<\/span><\/span><\/p>\n

See also<\/span> Writ of Replevin<\/a> aka\u00a0replegiari facias.<\/em><\/span><\/span><\/strong><\/span><\/p>\n

ad quad damnum<\/em><\/span>:<\/span><\/strong>
\n[Latin ‘to what damage’] Hist<\/em>.<\/span><\/p>\n

1. A writ directing the sheriff\u00a0to inquire of jurors under oath to what damage a grand (as of a fair, market, liberty, or other franchise) would be to various people if the king were to make the grant. The writ<\/span><\/strong> was issuable from the court of chancery.<\/strong> \u2014 aka ad quad damnum<\/span><\/strong><\/em>.<\/span><\/p>\n

writ of capias<\/span>:<\/span><\/strong>
\n<\/span>[Latin ‘that you take’]
\n(15c.)<\/span><\/p>\n

1. Any of various types of writs that\u00a0require an officer to take a named defendant into custody. \u00a0A capias is often issued when\u00a0a respondent fails to appear or when an obligor has failed to pay child support.\u00a0<\/strong>\u2014 aka capias<\/span><\/strong><\/em>; body execution<\/span><\/strong><\/em>.<\/span><\/p>\n

Capias clause<\/span>:<\/span> <\/strong>
\n<\/span>(1844)<\/span><\/p>\n

1. The language in a writ authorizing an officer to arrest a\u00a0person charged with a crime or to summon a person to answer a civil suit. \u00a0Formerly, the standard wording of the clause for an arrest was \u201cand for want\u00a0thereof to take the body of said defendant (if he may be found in your precinct)\u00a0and him safely keep so that you may have him before our Justices.\u201d The\u00a0language would be revised for a summons: \u201cand to summon the defendant (if he\u00a0may be found in your precinct) to appear before our Justices.<\/span><\/strong><\/p>\n

Types of Writs of Capias:<\/span><\/strong><\/span><\/p>\n

capias ad audiendum judicium<\/span>:<\/strong><\/span> \u201c[Latin ‘that you take to hear the judgment’] (18c.) In a misdemeanor case, a writ issued to bring the defendant to hear the judgment to be\u00a0imposed after having failed to appear.\u201d<\/strong><\/span><\/span><\/p>\n

capias ad computandum<\/span>:<\/strong><\/span> \u201c[Latin ‘that you take for computation’] (17c.) Hist<\/em>. A writ issued when a debtor has failed to appear & make account<\/a> after losing in an action of account render.\u201d<\/strong><\/span><\/span><\/p>\n