Blacks Law Dict. 1st ed

168

CAPIAS EXTENDI FACIAS

CANUM

CAPERS. Vessels of war owned by pri vate persons, and different from ordinary privateers only in size, being smaller. Beawes, Lex Merc. 230. 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 de fendant into custody; they are writs of at* tachment or arrest. In English practice. A capias is the process on an indictment when the person charged is not in custody, and in cases not otherwise provided for by statute. 4 Steph. Comm. 383. CAPIAS AD AUDIENDUM JTJDI CIUM. In practice. A writ issued, in a case of misdemeanor, after the defendant has appeared and is found guilty, to bring him to hear judgment if he is not present when called. 4 Bl. Comm. 368. CAPIAS AD COMPUTANDUM. In the action of account render, after judgment of quod computet, if the defendant refuses to appear personally before the auditors and make his account, a writ by this name may is sue to compel him. CAPIAS AD RESPONDENDUM. In practice. A judicial writ, (usually simply termed a "capias,") by which actions at law were frequently commenced; and which com mands the sheriff to take the defendant, and him safely keep, so that he may have his body before the court on a certain day, to an* swer the plaintiff in the action. 3 Bl. Comm. 282; 1 Tidd, Pr. 128. The name of this writ is commonly abbreviated to ca. resp. CAPIAS AD SATISFACIENDUM. In practice. A writ of execution, (usually termed, for brevity, a "ca. sa.,") which a par ty may issue after having recovered judgment ag.iinst another in certain actions at law. It commands the sheriff to take the party named, and keep him safely, so that he may have his body before the court on a certain day, to sat isfy the party by whom it is issued, the dam ages or debt and damages recovered by the judgment. Its effect is to deprive the party taken of his liberty until he makes the satis faction awarded. 3 Bl. Comm. 414, 415; 2 Tidd, Pr. 993, 1025; Litt. § 504; Co. Litt 289a. CAPIAS EXTENDI FACIAS. A writ of execution issuable in England against a debtor to the crown, which commands the sheriff to "take" or arrest the body, and

CANUM. In feudal law. A species of duty or tribute payable from tenant to lord, usually consisting of produce of tbe land. CANVASS. The act of examining and counting the returns of votes cast at a pub lic election. CAP OP MAINTENANCE. One of the regalia or ornaments of state belonging to the sovereigns of England, before whom it is carried at the coronation and other great solemnities. Caps of maintenance are also carried before the mayors of several cities in England. Enc. Lond. CAPACITY. Legal capacity is the attri bute of a person who can acquire new rights, or transfer rights, or assume duties, accord ing to the mere dictates of his own will, as manifested in juristic acts, without any re straint or hindrance arising from his status or legal condition. Ability; qualification; legal power or right. Applied in this sense to the attribute of per sons (natural or artificial) growing out of their status or juristic condition, which en ables them to perform civil acts; as capacity to hold lands, capacity to devise, etc. CAPAX DOLI. Lat. Capable of com mitting crime, or capable of criminal intent. The phrase describes the condition of one who has sufficient intelligence and compre hension to be held criminally responsible for his deeds. CAPAX NEGOTII. Competent to transact affairs; having business capacity. CAPE. In English practice. A judicial writ touching a plea of lands or tenements, divided into cape magnum, or the grand cape, which lay before appearance to sum mon the tenant to answer the detault, and also over to the demandant; the cape ad va lentiam was a species of grand cape; and cape parvum, or petit cape, after appearance or view granted, summoning the tenant to answer the default only. Termes de la Ley; 3 Steph. Comm. 606, note. CAPE AD VALENTIAM. A species of cape magnum. See CAFE. CAPELLA. In old records. A box, cabinet, or repository in which were preserved the relics of martyrs. Spelman. A small building in which relics were preserved; an oratory or chapel. Id. In old English, law. A chapel. Fleta, lib. 5, c 12, § 1; Spelman; Cowell.

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