capias ad satisfaciendum

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, women are not subject to this writ except in actions 
founded upon tort, or claims arising otherwise than ex contractu. 7 Reed's 
Laws of Pa. 150. In several of the United States, the use of this writ, as 
well as of the capias ad respondendum, has been prohibited in all actions 
instituted for the recovery of money due upon any contract, express or 
implied, or upon any judgment or decree, founded on any contract, or for the 
recovery of damages for the breach of any contract, with a few exceptions. 
See Arrest. 
     3. It is executed by arresting the body of the defendant, and keeping 
him in custody. Discharging him upon his giving security for the payment of 
the debt, or upon his promise to return into custody again before the return 
day, is an escape, although he do return; 13 Johns. R. 366 8 Johns. R. 98; 
and the sheriff is liable for the debt. In England, a payment to the sheriff 
or other officer having the ca. sa., is no payment to the plaintiff. Freem. 
842 Lutw. 587; 2 Lev. 203; 1 Arch. Pr. 278. The law is different in 
Pennsylvania. 3 Serg. & Rawle, 467. The return made by the officer is either 
C. C. & C., cepi corpus et comittitur, if the defendant have been arrested 
and held in custody; or N. E. I., non est inventus, if the officer has not 
been able to find him. This writ is, in common language, called a ca. sa.