Here are Latin  terms which I have found in court order books.

 

Capias - The general name for several different types of writs, or court
orders, all of which required an officer to take the defendant into
"custody". An order commanding an officer to place a person under civil
arrest in order to answer a charge. In general, it notified a defendant to
defend a suit and procures his arrest until security for the plaintiff's
claim is furnished. Writ is the old English term for a judicial order.

 

Alias - 1) this word was prefixed to the name of a second writ of the same
kind issued in a cause. As when a summons was issued and it was returned by
the sheriff, not fulfilled; the second summons issued was referred to as an
Alias Summons. Alias Capias was a second writ of this type issued in the
same case. See Capias below. 2) a name used other than the given name of a
person which may not be an attempt to hide his/her identity, such as Harry
for Harold, initials or a maiden name.

 

Detinue - An English Common Law action for the recovery of personal property
belonging to the plaintiff that was wrongfully retained by the defendant.
The action of Detinue was proper in every case where the rightful owner
preferred recovery of the specific property to damages for its conversion.

 

Ejection Firma - Expulsion, banishment.

 

Forma Pauperis - When a person is so poor that he cannot bear the charges of
suing at court, the person is permitted to sue in "forma pauperis", in the
manner of a pauper. To qualify the person must meet these requirements: make
an oath that he is not worth five pounds Sterling and submit an attorney's
certificate stating that he believes him to have a just cause. This method
allowed the person to have writs and subpoenas gratis and counsel assigned
him without fee.

 

Imparlance - Time given by the court to a party to answer the pleading of
his opponent. It is the continuance of the cause until another day. A
Special Imparlance reserves to the defendant all exceptions to the writ,
bill or count; and, therefore after the Special Imparlance, the defendant
may plead in abatement, though not to the jurisdiction of the court.

 


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