| 682 
ed =! a tran vernon 
of it by sportsmen, partly by the increase of 
human population, partly by the cutting down 
of ancient forests, and partly by the reclamation 
and improvement of mountain wastes ; but it has, 
of late years, been reintroduced to several upland 
estates from the continent of Europe, and it may 
possibly become once more a somewhat familiar 
traverser of our highland wildernesses. The male 
is about as large as a turkey, or about 2? feet in 
| length, and weighs from twelve to fifteen pounds ; 
and his windpipe makes a loose fold of two curves 
before entering the chest, so as considerably to 
| increase his apparent length. His bill is convex, 
very strong, and of the colour of horn; his eyes 
| have a hazel colour; the skin above the eyes is 
naked, and of a bright red colour; his legs are 
very strong, and covered with brown feathers ; 
and his plumage is, on the upper part, chestnut 
brown, irregularly marked with blackish lines,— 
on the breast, glossy greenish black, passing on 
the under surface into black,—and in the tail, 
and the elongated feathers of the throat, black. 
_ The crow of the male is of a peculiar kind, and 
| uttered chiefly in the morning, and is so loud as 
to be heard at the distance of several miles. The 
female is considerably smaller than the male, and 
differs widely from him in colour: her head, her 
neck, and her back are marked with transverse 
bars of red and black; and her under surface is 
| of a pale orange-yellow colour, barred with black. 
| The number of eggs which she lays is from eight 
to sixteen. The capercailzie is exceedingly shy, 
and avoids the vicinity of human abodes; yet it 
is frequently reared as a domestic fowl in Sweden ; 
and it is then bold and pugnacious like the 
turkey-cock. 
CAPIAS. In the law of England, a writ or 
process, of which there are several kinds. 
Capias ad respondendum, is a writ sued out be- 
fore judgment, where an original is taken out, 
&c., to take the defendant, who had neglected to 
appear in the previous process, and make him 
answer the plaintiff. If, therefore, the defendant, 
being summoned, makes default, or if the sheriff 
returns a nihil, or that the defendant hath no- 
thing whereby he may be summoned, attached, 
or distrained, the capzas usually issues, command- 
ing the sheriff to take the body of the defendant, 
and keep him, so as he may present him in court 
on the day of the return. This writ, and all 
others subsequent to the original,—not issuing 
out of chancery, but from the court into which 
the original was returnable, grounded on what 
has passed in that court, in consequence of the 
sheriff’s return, issuing under the private seal of 
that court, and not under the great seal of Eng- 
land ; and ¢este’d,—not in the king’s name, but in 
that of the chief justice only, are called judicial, 
not orginal writs. And these several writs must 
respectively bear date, the same day on which 
the writ immediately preceding was returnable. 
But it is now the usual practice to sue out the 
capias, in the first instance, upon a supposed re- 
CAPIAS. 
=| 
turn of the sheriff; and, afterwards, a fictitious 
original is drawn up, and a proper return there- 
upon, in order to give the proceedings a colour 
of regularity. If the sheriff of the county, in 
which the injury is supposed to be committed, 
and the action is laid, cannot find the defendant 
in his jurisdiction, he returns non est inventus ; 
upon which another writ issues, called a testatwm 
capvas, directed to the sheriff of the county where 
the defendant is supposed to reside. But in this 
case, also, it is usual to make out a testatwm ca- 
pias at the first, on the supposition that not only 
an original, but a previous capzas had been grant- 
ed, although in reality they never were. When 
a defendant absconds, however, and the plaintiff 
would proceed to an outlawry against him, an 
original writ must be sued out regularly, and 
after that a capias. And if the sheriff returns a 
non est inventus upon the first capzas, then there 
issues an alias, and after that a pluries writ ; and 
if a non est inventus be returned upon all of these, 
then a writ of exigent may be sued out in order 
to outlawry. By the act, such was the first pro- 
cess in the Court of Common Pleas. In the 
King’s Bench, also, they frequently proceeded by 
original writ, with attachment and capias, parti- 
cularly in actions of ejectment and trespass: the 
writ, however, was returnable, not at Westminster, 
where the Common Pleas are fixed by Magna 
Charta, but ubicunque fuerimus in Anglia; the 
King’s Bench being removable into any part of 
England, at the pleasure of the Crown. By the 
recent act 2 Will. IV., c. 39, the force of writ of 
capias ad respondendum is the same in all courts. 
Capias ad satisfaciendum, is a writ of execution, | 
after judgment, the intent of which is to imprison | 
the body of the defendant, until he makes satis- | 
faction to the plaintiff for the debt, costs, and | 
damages, in a process. This writ, therefore, does | 
not lie against privileged persons, peers, mem- | 
bers of parliament, executors or administrators, | 
nor against such other persons as could not be | 
originally held to bail. | 
Capias utlagatum, is a writ which lies to arrest | 
a person who appears publicly after outlawry, | 
who may be committed until the outlawry be 
reversed. a 
Capias pro fine, is a writ which issues for taking | 
the body of one who is fined to the king for some 
offence, and does not discharge the fine according | 
to the judgment. By the statute 5 and 6 W. & 
M. c. 12, capiatur fines are taken away in several 
cases. 
Capias in withernam, is a writ which lies for 
recovering goods or cattle taken in distress, when 
the sheriffs inquest determines against the dis- 
treinor. If the distress be taken out of the 
county, or concealed, so that the sheriff cannot 
make deliverance in replevin, then there issues 
to him a capias in withernam, or in vetito namio, 
a term which signifies a reciprocal distress, to 
take as many goods or cattle of the distreinor, by | 
way of reprisals. | 
a | 
