Page:Black's Law Dictionary (Second Edition).djvu/174

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


CAPACITY

the sovereigns of England, before -whom it is eairied at the coronation and other great soleinnities. Caps of maintenance are also carried before the mayors of severai cities in England. ELIC. Loud.

CAPACITY. Legal capacity is the attri- bute of a person who can acquire neiv rights, or transfer rights, or assume duties, according to the mere dictates of his own will, as manifested in juristic at;-‘l's, without any restraint or hindrance arising from his status or legal condition.

Ability; qualification; legal pow er or right. Applied in this si- use to the attribute of persons (natural or artificial) growing out of their status or juristic condition, which enables them to perfurni civil acts: as capacity to hold hands, rzimi-ity to deiise. etc. Burgett Y. Bariluh. i Ran. 530; Sargent v. Burdett. 96 Ga. 111, 22 S. E. 667.

CAPAX DOLI. Lat. Capable of com- mitting crime, or capable of criminal intent. The phrase ilesci-ihes the coiidltloii of one who has sufficient inteiligeuce iind compre- hension to be held ci-iinlnally responsible for his deeds.

CAPAX NEGOTII. Competent to trims- act sffiiirs; having business capacity.

CAPE. in English practice. A judicial

writ touching a plea of liinds or tcnenieiits. divided into cape magnum, or the grand ciijic, '\\ hicli lay before appearaiice to slim- mon the tenant to answer the default, and also over to the demsndaiit; the Cape ail ra- lentiani, was a species of grand cape, and (‘Ll/pl? paruimi, or petit care, after appearance or View granted. suinniouing the teu.int to answer the default only. Termes de ia Ley; 3 Steph. Comm. (306. note. —Ca.pe nil valenfinm. A species of (‘fine magniLm..—(_‘zx'nnd cape. A judicial writ in the old resl actions. Vlllltli issued for the demandant iihc-re the tenzint, after being duly summoned. neglected to appear on the return of the Writ. nr to cast an essnin. or. in case of on essoin being cast. neslectcd to appear on the adjournmcnt day of the essoin; its object heinz to enmiiel an sppe.irai:ice. Rosc. Real Act. 1633. et son. It was called it "capo." from the word Wilh vihich it commenced, and a “gr-ind cape" (or tape fllllgllfliilj) to distiniziiish it from the petii cape, which lay alter nppeariuice.

CAPELLA. In old records. A box, cabinet, or repository in which were pre served the relics of martyrs. Spelman. A smali building in which relies were preserved; an oratory or chapel. id.

In old English law. A chapel. lih. 5. c. 12. § 1; Speiman; Cowell.

Flets.

CAP]-IRS. Vessels of war owned by pri- vate persons, and different from ordinary privatcers only in size, being smaller. Beiiwes. Lex liierc. .... .

166

CAPIATUR PRO FINE

CAPIAS. Lat. ‘That you take.” The general name for several species of writs, the common characteristic of which is that they require the officer to take the body of the we feiidiint into custody; they are writs of sttachment or arrest.

In English practice. A cupiizs is the process on an indit-tinent when the pets-III changed is not in custody, and iii C:lSl‘S not otherwise provided for by statute. 4 Slept. Comm. 383.

—cnpias ad andiendum jiulioiiuii. A win"! issued. in a case of misdemeanor, after the 13?‘ fenllaiit has nppearcd and is found [.“'§‘i "1 biing liiiii to bear judgment if he is nu. ..i-ant win-n [‘.'llll!(l. 4 Bl. Coiiiiii. .iUS.—Cs1il.mi ad computantllim. In the iii tinii of ateuiiur X'l‘li" der, after judgmint of quad commit:-E, if the Jr fenilnnt refiises to appear personally before the aiidiloi-s and make his account. it writ by thin l.liIIJ|\‘ iiia_vissiic to compel him.—C/apins ad 1* spnndendiim. A 'udiciiil writ. (usiially Slllfi teinii-ii a "cnpi'ii.-i,"l by which actions at viere firqiicnily rommcnceii; and iihirli sm- maiids the siii-riit to tiihr: the defendant. # him safely keep. so that he may have hiii before the court on a certain day. to WVEIN the plaintiff in the action. 3 Bl. (‘nmm 17*”: I Tidd. Pr. 128. The name of this wiit i.- coinmonly iihiiri-visited to ca. rcsp.—Cspins arl aim isfacicndnm. ‘«\ writ of -Lilinn. (run termed, for brei-it_v. a "on. 3a.") which s piifi may issue after having recovered jut‘-zen against another in certain actions at l8I\-. ll commands the sheriff to who the paity mud and ltl-‘(-‘ him safely. so that be niiiv uie bl body he ore the court on a certain ii-av. In uni» ii-fy the party by whom it is |'s'SlIE(l, the ’.':.'.'r- agcs or debt and damages l'(‘l0\Pl'(5fl by the I merit. its cifcct is to deprive the party III}! of his lihertv until he nrilies the satisfimhtii ll 3 Bl. Comm. 414. 4 ' 2 Tidd. Pr.

K d.

9‘ 1035: I.itt.§5|}l, (‘u. Li la; .\‘irnn.' V. Linn. 5 N. J. Law. 853.—Citpias exteiidi faciiui. A writ of execution issuable in Er land against xi (lnlitor to the crown, which no miinils the shcrifi to “t-ikn" or arrest the tax and "cause to lie citiiiiilt-ii" the lands and no

of the debtor. Man. Excli. Pr. fi.—-Cspias in w-ithernmn. A writ. in the nature at It re piisal, which lies for one whose goods or L‘l|la' taken under a distress, are rcmoioil fmai [IQ county. so that they cannot be repieiied. cinmiinding the shrrifi to seize other goods or "little of the disti-sinor of eqnoi vnliie—-Ciipian pro fine. (That you take for the fine iir in mercy.) Formerly. ii’ the vs-riiirt use for ll defendant, the pialnliif was fldjllll‘fNl M II nmerced for his false claim; but, if Ihc verb!- wris for the plaintiil. than in all nctinns N If armis, or viiiero llie iiofrndant. in lis ’ had Fnlsrly denied his own dccd. I'll’ contained an award of 21 cu i'utiii- pro fniiz, aid in all nthcr CIIFPS the defen iint was siliiidpui D be amerccd. The insertion of the vriziseriuoriilir or of the t-iipizitior in the judmnent is now im- nneessary. W'harton.—Capias ntlagatiim. (You take the outiaxi.) in En.-zlish pi-iiuivu. AR

writ which lies against a person who has aiillmretl in an act on, by which the anvil! coinniaiiili-d to trike him, and keep him in Intmiy iinti] the day of the return, and then u sent him to the court, there to be ile-ilt E % his contempt. Reg. Orig. 1381); 3Bl.('.:.miii.

CAPIATUR PRO FINE. (Let him in taken for the flne.) In Eiigiish priicthe. A clause inserted at the end of old jiiilgpfl records in actions of delit, where the detest:

ant denied his deed, anditvvas found ag,-.iliisI