Section 2A:17-77 - Against whom writ not to issueNo capias ad satisfaciendum shall issue in a civil action or an action for a penalty to take the body of:
b. An infant under the age of 16 years; orc. 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; ord. 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.