State Codes and Statutes

Statutes > New-jersey > Title-2a > Section-2a-17 > 2a-17-77

2A:17-77.  Against whom writ not to issue
    No capias ad satisfaciendum shall issue in a civil action or an action for a  penalty to take the body of:

    a.  A female;  or

     b.  An infant under the age of 16 years;  or

     c.  An infant above such age and under 21 years of age, if the court before  which application for the writ is made, after determining the infant's age and  the nature of the offense or action complained of, decides within its discretion that the writ shall not issue;  or

    d.  A defendant who has been arrested on a capias ad respondendum in an action on contract on the ground of fraud in the inception of the contract, and  as to whom it has been determined by the court at the trial that such fraud did  not exist.
 
L.1951 (1st SS), c.344.