Page:Black's Law Dictionary (Second Edition).djvu/175

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CAPITA

him upon nis raise plea, and the jury were troubled with the trial of it. Cro. .l ac. 64.

CAPITA. Heads, and. figuratively. entire bodies, whether of persons or animals. Spelniun.

Persons individually considered, without

relation to others. (polis;) as distinguisiied from stirpea or stocks of descent. The term in this sense, making part of the common phrases. in ca-pita, per wpita, is derived from the civil law. Inst. 3, 1, 6. —Capita. per-. By heads: by the poll; as indnuinals. In the distrihulion of an intcstate's [ChIulfllt_Y, the persons legilly entitled to take in: said to take per capita when they claim, aurh in his can right, as in equal degree of kin- uiml, in contradisliuctiou to claiming by right of i't'pI'L‘5t:l)[i1Ll0I], or per strirpes.

CAPITAL, W. In political economy, that portion of the produ(e of industry existing in a country, which may be made directly uriilnhle, either for the support of human cnsieut-9, or the facilitating of production; but. in con.in.Ic1'(-e, and as ilppliell to indi\id- uals, it is understood to mean the sum of nuoiey which a merchant, iianker, or trader ad\entures in 'uny undertaking, or which he I,-oniribntes to the common stock of a part- nership. Also the fund of a trading company or C0l'p0l"ll'i0l.i, in which sense the word ‘sit-ck" is generally adnied to it. Pearce V. lugusta, 37 Ga. 599; People v. Feitner, 56 .\|-p. Div. 280, (‘-7 N. Y Supp. 593; Webb v. Atunslead (C. C.) 26 Fell. 70.

‘lhe actual estate, whether in money or property, which is ouned by an individual or in corporation. In reference to a corporation, It is the aggregate of the sum subscribed and paid in, or sccuicd to be paid in, by the ~lnreholdei‘s, wllh the addition of uli gains or prohts realized in the use and investment at those sums, or. it losses have been iii- -urrcd, then it is the residue after deducting

such losses. See CAPITAL STOCK. When. used with respect to the property of ii o ("lii0!1 or association, the term has a setuuming. it applies only to the property or nun: «mtribuled by the stocklmlders as the Eu!‘ or basis for the business or enterprise for Huh the corporation or llSSO(.‘iiI1.lDD was form- J. A; to them the term does not eIl)hl‘a('E teminlnry loans. though the moneys borrowed he -lrnily nppmpfialed in their business or under- Ihln. And, when used with respect to the 12)-rty of hidividniils in any particular husi- nug the term has suhstantially the some im- fi. it then means the property taken from ‘fir iuusiments or uses and set apart for and hauled in the special business, and in the in- uuu. pr:-‘etds, or earnings of which property hjtai uxpenditures incurred in its use consist ii: palm m'ide in the business. it does not. II: more than when used with respect to corpo- Illhri. embrace temporary loans made in the war 4u|Il\‘£! of business Baiiey v. Clark. 2]

ll. ’_’.Sh - L. Ed. 651.

The principni sum of a fund of money; Iggy inriooterl at interst.

also the poilixcni and governmental me lruiluiis of a state or country; the seat of

167

OAPITALIS

government; the place where the legislative department holds its sessions, and where the chief oiijces of the executive are located.

CAPITAL, anti. Afiecting or relating to the haul or life of a person; entailing the ultimate penaity. Thus, a capital crime is one punishable with death. lNulker v. State, 2S Tex. App. 503, 13 S. W. 860; Ex parte McCrary, 22 Ala. 72; Ex parte Dusenberry. 97 M0. 504. 11 S. W. 217. Capital punishment is the punishment of death.

Also principal; leading; ital burgess." 10 Mod. 100.

chief; as “cap-

CAPITAL STOCK. The common stock or fund of a corporation. The sum of money raised -by the subscriptions or the sto(-khold- D ers, and divided into shares. it is said to be the sum upon which calls may be made upon the stockholders, and dividends are to be paid. Christensen v. Eno. 106 N. Y. 97, 12 N. n. 648. 60 Am. Rep. 42-.x; Pi-nple v. Cum'rs, E 23 N. Y. 2 State v. Jones, 51 Ohio St. 492. 37 N. E. 9-15; Burrall v. Railroad 00., 75 N. Y. 216.

0ri_-ziiinily “the capital stoclr of the bank" was all the property of every kind, everything, which the bunk possessed. And this "capital stock," F of it. in reality belonged to the contributors, ii 139111;! intrustt-ri to the hank to be used and traded with for their exclusiie benefit: and thus the bank became the agent of the contributors, so that the transmutation of the money orig- inally adi anced by the suhscrihers into property of other kinds. though it nltcred the form of the G -nt. left its beneficial ownership unaf- nud every new acquisition of property. by exchange or otherwise, was an in.-riuisition for the original subscribers or their representatives, their respective interests in it all always continuing in the same proportion as in the aggr:-gute capital originally advanced. So that. H whether in the form of money bills of extliange. or any other property in po . ssmn or in any Lion into vihieh the money originally r-nnrriliuted has been ('lIi][lL'Q(l, or which it has produced all is. us the original contribution wa the capital stock of the hank. held, as the original contrihution was, for the exclusive bencflt of the orig- inal contributors and those who represent them. The origginui contributors and those who represent them are the stockholders. Vew Haven v. City flank, 31 Conn. 109 Capital stock as employed in acts of incorporation. is ni-.\er used to indicate the value of the property of the company. It is very generally, if not uni\'er:=uily. used to designate the amount of capital proscribed to be contributed at the outset by the stock- holders, for the purposes of the corporation. The value of the corporate iissi-is inn_\' be _Lvrmtly increased by surplus profits, or be di inished by losses, but the amount of the capital stock remains the same. The funds of the company K may fluctuate; its capital stock remains invari- able. unless changed by legislative authority. Canfleld v. Fire Ass'n, 21 N. J. Law. 1 . .

i

CAPITALE. A thing which is stolen, or the value of it. Blount. L CAPITALE VIVENS. Live cattle.

Biount. CAPITALIS. In old English law. Chief,

principal; at the head. A tern: applied to M