Blacks Law Dict. 1st ed

CAPITULXJM

CAPUT LUPINUM

172

order, given to him by what are called "let ters 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 qualified property may be acquired, by 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 sense, one who takes a prize at sea. 2 Bl. Comm. 401; 1 Kent, Comm. 86, 96, 103. CAPTURE. In international law. The taking or wresting of property from one of two belligerents 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, "prize." Capture, in technical language, is a taking by military power; a seizure is a taking by civil au thority. 35 Ga. 844. In some cases, this is a mode of acquiring property. Thus, every one may, as a general rule, on his own land, or on the sea, capture any wild animal, and acquire a qualified own ership in it by confining it, or absolute own ership by killing it. 2 Steph. Comm. 79. CAPUT. Ahead; the head of a person; the whole person; the life of a person; one'i personality; status; civil condition. At common law. A head. Caput comitatis, the head of the county; the sheriff; the king. Spelman. A person; a life. The upper part of a town. Co well. A castle. Spelman. In the civil law. It signified a person's civil condition or status, and among the Bo mans consisted of three component parts or elements,— libertas, liberty; civitas, citizen* ship; and familia, family. CAPUT ANNL The first day of the year. CAPUT BARONIJE. The castle or chief seat of a baron. CAPUT JEJUNII. The beginning of the Lent fast, i. «., Ash Wednesday. CAPUT LOCI. The head or upper part of a place. CAPUT LUPINUM. In old English law. A wolf's head. An outlawed felon was said to be caput lupinum, and might b* knocked on the head, like a wolf.

Capitulum est clericorum oongregatio sub uno decano in ecclesia cathedrali. A chapter is a congregation of clergy under one dean in a cathedral church. Co. Litt. 98. CAPPA. In old records. A cap. Cappa honoris, the cap of honor. One of the so lemnities or ceremonies of creating an earl or marquis. CAPTAIN. A head-man; commander; commanding officer. The captain of a war yessel is the officer first in command. In the United States navy, the rank of "captain" is intermediate between that of "command er" and "commodore." The governor or controlling officer of a vessel in the mei chant service is usually styled "captain" by the in ferior officers and seamen, but in maritime business and admiralty law is more common ly designated as " master." In foreign juris prudence his title is often that of "patron." In the United States army (and the militia) the captain is the commander of a company of soldiers, one of the divisions of a regiment. The term is also used to designate the com mander of a squad of municipal police. CAPTATION. In French law. The act of one who succeeds in controlling the will of another, so as to become master of it; Used in an invidious sense. CAPTATOR. A person who obtains a gift or legacy through artifice. CAPTIO. In old English law and prac tice. A taking or seizure; arrest; receiving; holding of court. CAPTION. In practice. 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 exe cuted. When used with reference to an indictment, caption signifies the style or preamble or com mencement of the indictment; when used with reference to a commission, it signifies the certifi cate to which the commissioners' names are sub scribed, declaring when and where it was execut ed. Brown. The caption of a pleading, deposition, or other paper connected with a case in court, ia 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 an order to incarcerate a debtor who has disobeyed an

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