Page:Black's Law Dictionary (Second Edition).djvu/177

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CAPITULARY

Any orderly and systematic collection or code of laws

In ecolesiasticni law. A collection or Inn and orduuauces orderly arran:;‘€|1 11! fli- Iilluus. A book containing the he,'zi.nuing Ind end of each Gospel which is to be read U213 day in the ceremony of saying mass. bu Cauge

CAPITULATION. In military law. The surrender of a fort or fortified town to a iul.-ging army: the treaty or aizreenient he- ruam the commanding officers which emluiies the terms and conditions on which the surender is made.

In the civil law. An agreement by which the prince and the people, or those “in: bave the right of the people. regulate liuu manner in which the government is to im administered. Woiflius, § 959

CAPI'I"lTLI AGRI. Hend-fields: lands wing at the head or upper end of furrows

Cnpitulum est clericoriun oongregatio Inh nno dccano in ecclenin catlxerirnii. A chlpter is a congregation of clergy under one dean in a cathedral church. Co. Litt. 98.

CAI-‘PA. In old records. A cap. Cappn I.m.-n1-is, the cap of honor. One of the so- imuitics or ceremonies of creating an earl or mnrquis.

CAPTAIN. A bend-man; commander: r-uuu:nuinu_'_' nfilrer. The captain of :\ warren-i is the officer first in command. In (in: United Sintss navy, the rank of “c:1ptain" is intcrmedinte between that of "conin)a1ul- or" null “commodore " The governor or (‘onmliing officer of a vessel in the merchant advice is usually styled “c:\ptoin" by the in- Bdur officers and seamen, bnt in maritime i-viness nnd admiralty law is more common- Li iiuigutited as “master." In foreign juris- |-mdence his title is often that of "p-itron." in the United States army (and the militia) tint mmlln is the comrnamder of a company nftf-l§lC1‘S, one of the divisions of a regiment. 'l1Ie term is also used to designate the com- ma:-:‘.cr of a squad or municipal police.

The “nruin of the untch" on a vessel is a Bad Ni nurcman or overseer, who. under the sly-«axon of the mate. has charge of one of It tin rvntclles into whit li tlic crew is divided IN lle convenience of work. lie calls them out int n. nnd directs them where to store freight. slit: |Ii(‘i(£l2eS to move, when to go or come

P, and grncrolly directs their worlr, and is at ’1£'uar" of the vcsscl within the meaning of uinlri regulating the courlurt of nflim-rs to the Fdum I’ S. v. Trice (D. C.) 30 Fed. -191.

CAPTATION. In French law. The not of one who succeeds in controlling the will of another, so as to become master of it; used in an inrldlous sense. Zcrczai v. Percimi, 46 I11. Ann, 590. 15 South. 476.

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CAPTURE.

CAPTATOR. A person who obtains 8 gift or legacy through artifice.

CAI-".l‘I0. In old English law and practice. A taking or seizure; arrest; receiving; holding or court.

CAPTION. In prnctioe. That part of a legal instrument, as a commission. indict- ment, etc., which shows where, when, and by what authority it is taken. found, or executed. State v. Sutton, 5 N. C. 231: U. S. r. Beebe. 2 Dak. 292. 11 N. W. 505; State v. .lones, 9 l\'. J. Law, 365, 17 Am. Dec 483.

iVl_wn nsvfl with reference to an indictment, capriun signifies the styie or preamble or tum- mcnt-cmcnt of thc itiliil tment: when used isith reference to a commission, ' signifies the certihc-.'1te to which the commissioners‘ nnnics arr-

snhscrihed, declaring when and where it was ex- ecuted. Brown.

The caption of a pleading, dcposltion. or other paper connected with a case in court. is the heading or introductory clause which shows the names of the parties. name of the court. number of the case on the docket or calendar, etc.

Also signifies a taking. seizure, or arrest of a person. 2 Salk. 498. The word in this sense is now obsolete in English law.

In Scotch law. Caption is on order to incnrcerate a dehtor Who has disoheyed an order, given to him by what are called "ietters of horning." to pay a debt or to perform some act enjoined thereby. Bell.

CAPTIVES. Prisoners of war As in the goods of an enemy. so also in his person, a sort of quailflcd property may he acquired. hy taking him a prisoner of war, at least till his ransom be paid. 2 Bl. Comm. 402.

CAPTOR. In international law. one who takes or seizes property in time of war; one who takes the property of an enemy. in a stricter , one who tnkes a prize at sea. 2 Bl. Comm. 401 ; 1 Kent, Comm. 86. 96. 103.

CAPTURE. in international law. The taking or u resting of property from one of two beliigcrents by the other. It occurs either on land or at sea. In the former case, the property captured is called “booty ;" in the latter case. “pi-ize."

Capture, in technical language, is a taking by military power; a seizure is a taking by civil authority. U. S. r Athens Armory. 35 Ga. 344, Fed. Cas. No. 14.413.

In some cases. this is a mode of acquiring property. Thus. cu.-rv one may, as a generni rule, on his own land, or on the sen. cnpture any wild unimni, and acquire a qualified ownership in it by confining it, or absolute ownership by kiiiing it. 2 Steph. Comm. 79.

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