Blacks Law Dict. 1st ed

CAPIAS IN" WITHERNAM

CAPITAL CRIME

169

"cause to be extended" the lands and goods of the debtor. Man. Exch. Pr. 5. CAPIAS IN WITHERNAM. A writ, in the nature of a reprisal, which lies for one whose goods or cattle, taken under a distress, are removed from the county, so that they cannot be replevied, commanding the sheriff to seize other goods or cattle of the distrainor of equal value. CAPIAS PRO FINE. (That you take for the fine or in mercy.) Formerly, if the ver dict was for the defendant, the plaintiff was adjudged to be amerced for his false claim; but, if the verdict was for the plaintiff, then in all actions vi et armis, or where the de fendant, in his pleading, had falsely denied his own deed, the judgment contained an award of a capiatur pro fine; and in all other cases the defendant was adjudged to be amerced. The insertion of the misericordia or of the capiatur in the judgment is now unnecessary. Wharton. CAPIAS UTLAGATUM. (You take the outlaw.) In English practice. A writ which lies against a person who has been outlawed in an action, by which the sheriff is commanded to take him, .and keep him in custody until the day of the return, and then present him to the court, there to be dealt with for his contempt. Reg. Orig. 1386/ 3 131. Comm. 284. CAPIATUR PRO FINE. (Let him be taken for the fine.) In English piactice. A clause inserted at the end of old judgment records in actions of debt, where the defend ant denied his deed, and it was found against him upon his false plea ? and the jury were troubled with the trial of it. Cro. Jac. 64. CAPITA. Heads, and, figuratively, en tire bodies, whether of persons or animals. Spelman. Persons individually considered, without relation to others, (polls;) as distinguished from stiipes or stocks of descent. The term in this sense, making part of the common phrases, in capita, per capita, is derived from the civil law. Inst. 3, 1, 6. CAPITA, PER-. By heads; by the poll; as individuals. In the distribution of an in testate's personalty, the persons legally en titled to take are said to take per capita when they claim, each in his own right, as in equal degree of kindred; in contradistinc tion to claiming by right of representation, or per stirpes.

CAPITAL, n. In political economy, that portion of the produce of industry existing in a country, which may be made directly available, either for the support of human existence, or the facilitating of production; but, in commerce, and as applied to individ uals, it is understood to mean the sum of money which a merchant, banker, or trader adventures in any undertaking, or which he contributes to the common stock of a part nership. Also the fund of a trading com pany or corporation, in which sense the word "stock" is generally added to it. McCul. Diet.; 2 Bouv. Inst. 1458. The actual estate, whether in money or property, which is owned by an individual or a corporation. In reference to a corporation, it is the aggregate of the sum subscribed and paid in, or secured to be paid in, by the shareholders, with the addition of all gains or profits realized in the use and investment of those sums, or, if losses have been in curred, then it is the residue after deducting such losses. 23 N. Y. 219. When used with respect to the property of a corporation or association, the term has a settled meaning. It applies only to the property or means contributed by the stockholders as the fund or basis for the business or enterprise for which the corporation or association was formed. As to them the term does not embrace temporary loans, though the moneys borrowed be directly appropri ated in their business or undertakings. And, when used with respect to the property of individ uals in aDy particular business, the term has sub stantially the same import; it then means the property taken from other investments or uses and set apart for and invested in the special busi ness, and in the increase, proceeds, or earnings of which property beyond expenditures incurred in its use consist the profits made in the business. It does not, any more than when used with respect to corporations, embrace temporary loans made in the regular course of business. 21 Wall. 286. The principal sum of a fund of money; money invested at interest. Also the political and governmental me tropolis of a state or country; the seat of government; the place where the legislative department holds its sessions, and where the chief offices of the executive are located. Affecting or relating to the head or life of a person; entailing the ultimate penalty. Thus, a capital crime is one punishable with death. See Bract, fol. 1016. Also principal; leading; chief; as "cap ital burgess." 10 Mod. 100. CAPITAL CRIME. A crime for which the punishment of death is provided by law. CAPITAL, adj.

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