A judicial writ in the old real actions, which issued for the demandant where the tenant, after being duly summoned, neglected to appear on the return of the writ, or to cast an essoin, or, in case of an essoin being cast, neglected to appear on the adjournment day of the essoin; its object being to compel an appearance. Rose. Real Act. 105, et seq. It was called a “cape,” from the word with which it commenced, and a “grand cape” (or cape magnum) to distinguish if from the petit cape, which lay after appearance.
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