Page:Black's Law Dictionary (Second Edition).djvu/176

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CAPITALIS

persons. places, judicial proceedings, and some kinds of property.

—Cnpita.l:'is barn. In old English law. Chlcf bniiiu Cunilizlis lmni st-accurii dowillii fL‘fl’l8, chit-I baron of the extlieillllll‘. Towiisli. Pl. 211. —Capita.1is cnstos. Chief wnidcn or l‘l-"l;.'lS- tram; niaior. ileta, lih. 2, c. (H. § 2, apitalia debitor. The chief or prinrip I delutbr, as rlistinsiiished from a SLli.'el' , uilr-_r,vi' . C

itahs dominus. Chief lorc. Fleui. lib 1, c. 1‘ § 4: ld. c. 28, § 5.—Capita.iis ju.st,leiari-


u . The chief justiciiiry; the principal min- ister of state, and guardian of the realm in the king's absence. This oliice originated under William the Conqueror; but its power was greatly diminished by Mayriu Charm, and final- I distrihiited among: several coiirts by l‘1dViiJI'd 1,. Spelnian , 3 Ill. Comm. 3S.—Capita.1is justiciiu-ins ad plncita. unrnm rage tenenda. Chief justice for holding pleas hel'ore the king. The Litle of the chief justice of the king's bench. first assumed in the latter part of the rci"'u of Hnnry ill. 2 Reeve, Eng. Law, 91. " - —Capitnl.ia jfiisticmrius hanci. Chief _iiisLice of the bone The title of the lcliief jus- .- _ . , ..

‘u?.i.i‘a’.§n3'i° i.‘.""i‘i‘.l "silt ,3’.‘...°°.‘3‘i““i’r.“iv£5IlS'i.”“r.‘-

{vi we. Eii_-:. Law, 4R.—Capita1is justieiarius totins anglim. Chief justice of all England. The title of the presiding justice in the court of (lulll aegis. .1 Bl. Couini. 38-, 1 Re-eve, iii-n:_:. Law. 4“ —C:ipita.l.is plegins. A chief pledge; ii head horuiigli. Townsh. Pl. 35.—Capitn.lis

reditns. A chief rent.—Capita.1i: Izerra. \ head-luiirl. A piece of land lying at the head of other lurid.

CAPITANEUS. A tenant in capite. He

“he held his land or title directly from the king himself. A captain; a naval com- mander

CAPITARE. In old law and surveys. To he.id. front, or shut; to touch at the head, or end.

CAPITATIM. Lat. By the head; by the poll: severally to each individual.

CAPITATION TAX. One which is levied upon the iI6lSOl.'i simply, without any ref- erence to his property, real or personal, or to any business in which he may he engaged, or to any employment which he may follow. Gardner v Hall. 61 N. C. 22; Leedy v. Bour- bon. 12 lnd. App. 486, 40 N. E. 640; Head- Money (‘ases (C. C.) 18 Fed. 139

A tax or imposition raised on each person in consideration at his labor, industry, office, rank, etc. lt is a very ancient kind of tribute, and answers to what the Latins calli-d "triliiilin.-i." by which taxes on person« are ill in iiislied from taxes on mer- Clltl‘ rlise called "‘L‘('L‘t|[J£ll1'fl." Wharton.

CAPITE. Lat. By the head. Tenure in c-amt» was an ancient feudal tenure, where- by a man held lands of the king immediate- ly. Ii was or two sorts,—the one, principal and gwierul, or of the king as the source of all tenure: tile other, special and sulialteru, or of -i paitiuil-ir subject. It is now abolished. J l'l('Ob. As to distribution per capita, see CAPITA.

108

CAPITULARY

CAPITE MINUTUS. In the civil law. One who had suffered capitis diminutia, one who lost status or legal attributes. See Dig 4, 5.

CAPITIS DIMINUTIO.}} In liomau law. A diminishing or ahrldgruent of personality, This was a loss or curtailment of a man's status or aggregate of legal uttributes and qualifications, following upon ceitgiu changes in his civil condition. It was of three kinds, enumerated as follows:

Capitil diniinntia maxima. The highest or most comprehensive loss of -§lUl‘ll.8. This occurred when a man's condition was changed from one of freedom to one of bond- age, when he became a slave. lt sii ept away with it all riglits of citizenship and aiifrimily rights.

Capitis diminntio media. A lesser or medium loss of status. This occurred where a man lost his rights of citizenship, but without losing his liherty. lt carried away also the family rights.

Capitis diminutia minima. The lowest or least coinprehensive degree of loss of status. This occurred where a man's family relations alone were changed. It happened upon the arrogation of a person who had been his o\\n master, (xiii juri‘s,) or upon the emancipation of one who had been under the ziatria patcstas. It left the rights of llherry and citizenship unaltered. See Inst. 1. 1n, pr.; 1, 2, 3: Dig. 4, 5, 1.1; Mackeld. Rom. Law, § 14-i.

CAPITITIUM. A covering for the head, mentioned in St. 1 Hen. iV, and other old statutes, which prcscilhe what dresses shall be Worn by all degrees of persons. Jacob.

CAPITIILA. Collections of laws and ordinunces drawn up under heads of divisions Speliuan.

The term is used in the civil and old Eng~ lish law, and applies to the ecclesiastical law also, meaning chapters or assemblies of ecclesiastical persons. Du Gangs.

—Capitn1a aoronse. Chapters of the crown. Chapters or heads of inquiry, resembling the oapiriiln illiicris. (inf-ra) but of a more minute character-.—Capitula. de Jada-.is. A ri=_-.:lsii»r of mortzazus made to the Jews. 2 Ill. (‘oi-in. 343: Crahb. Eng. Law, 130, et seq.—Capltula itineria. Articles of inquiry v\hicli were acniently deiiiercd to the justices in cyre when they set out on their circuits. These schedules were designed to include all possible varieiies of crime. 2 Reeve. Eng. Law, 1). 4, c. 8.—Cepitula 1-in-aiia. Asseizohlies or chapters. lield hy rural deans and parochial clergy, within the precinct of every deauery; which at first \il‘l'E every three weeks, afterwards once a mouth, and subsequently once a quarter. Cowell.

CAPITULARY. In French law. A collection and code of the laws and ordi- uunces promulgated by the kings of the Me-

rovhigian and Carlovingliiu dynasties.