Wisconsin herald, and Grant County advertiser. [volume] (Lancaster, Wis.) 1844-1845, 1845-11-15
e'apias.
already know

The statutes Of Wisconsin authorize the is.
suing OF a capias ad respontehdum only where
bail is required. 10 such cases. the defend
ant frequently gives "leg BAIL" which may
answer the defendant's purpose very well, but
is quite unsatisfactory TO plaintiffs.
"Capias" is derived from the Latin verb
'capio' TO seize or take. The wr. Of capias
authorizes the officer serving it, TO arrest tho
defendant. The officer usually serves the writ
by laying his hand upon the defendants Shout
DIR and reading the writ to him. Yet an ar
re-, would be equally binding if the officer
were TO seize the defendant by the arm or leg
or any other part of The body. instead of the
collar, especially il be could retain his grip.
WARRANTS.
In proceedings before Justices, a capias is
sometimes issued in civil causes, enormously
called warrant
| Proper warrants. issue only 10 criminal ca
lege given by judicial TO ministerial OIL
Ger. TO encroach upon the natural liberty and 10
violate the personal freedom Of John Doe or
sumo body else therein named by putting the
graphing hooks of the law upon him; nor can
the defendant get rid of the process, though
he were to swear ever so roundy that his
name was not John Doe and that he had no
acquaintance with any Of the Doe family. -
The foundation OF tho warrant is an affidavit
and TO the facts set forth ia the affidavit. the
defendant ia compelled TO make answer in
court. Our warrant is no more like a French
"Le,ire du Catcher" than ,aTrapin is like a
Swapping turtle; yet defendants often do catth
IL. here, as well as in France. especially if
they are too poor to &c, counsel.
SEARCH WARRANTS.
Another species Of warrant is termed search
and reprisal, authorizing the officer to priva-
,eer in closets, chambers, cellars and else
where. and to seize property alleged in the
warrant to be stolen and secre,ed Yet a
search warrant must be speeia! and specific;
not general or indefinite. A search warrant to
search Grant county for pair Of mill stones,
would be void The warrant must also be
served within the jurisdiction of the Justice
who issues it. A search warrant issued by
Justice Lagrave at CassviIle. Grant county,
w. 4, 10 search for the Cassyllle House,
would not authorize an officer in seiziog The
NAPLES House in Dubuque, |. r. although II
might be tracked across the Mississippi and
clearly identified as the same building; neither
would it authorize The officer to take anything
in CraM ford county, w. T. eg: fock Of
, wild geese or the itch,
ATTACHMENTS.
Attachments are Of two kinds, !. Q. attach
ments in fact and attachments in kitc. Attach
men,s in fact, have their foundation in the
common law Of our nature. When mutual
they require only The seal Of the cours Of hy-
/; men to make them binding upon the parties.
Attachments in fact may be divided into real
personal and mixed OF attachments real,
now nearly Obsolete, we shall say nothing
Personal attachments exist mostly between
: persons Of opposite sexes. who generally
serve process upon each other. The parties
are commonly content with entering a shor'
, rule to plead, whereuPOn issue Is made up
Ia this stage of proceedings demurrer carries
costs. Mixed attachments extend as we'll 10
the property as to the person aud require more
artificial pleading yet on experienced pleadei
viii never abaudon bis sul, and be demurred
GU, of court. bat will finally succeed b. re,
spondea, ous,sr," i. c. BY pleading over.
. Attachments 10 law are ofiener foanded ia
, haired than IN love. They are pa'ely meFee'
rarv; ant DO ne, care a straw fr The defend
ants person, SO they eau lay hOld OF bis pop