KFLCC Kingdom Law 2nd Ed.

169

CAPTURE.

CAPITULARY

CAPTATOR.

A person who obtains a

Any orderly and systematic collection or code of laws. In ecclesiastical law. A collection of laws and ordinances orderly arranged by di visions. A book containing the beginning and end of each Gospel which is to be read every day in the ceremony of saying mass. Du Cange. In military law. The surrender of a fort or fortified town to a besieging army; the treaty or agreement be tween the commanding officers which em bodies the terms and conditions on which the surrender is made. In the civil law. An agreement by which the prince and the people, or those who have the right of the people, regulate the manner in which the government is to be administered. Wolffius, § 989. Head-fields; lands lying at the head or upper end of furrows etc. Capitnlnm est clericornm congregatio sub nno decano in ecclesia cathedral!. A chapter is a congregation of clergy under one dean in a cathedral church. Co. Litt. 98. commander; commanding officer. The captain of a war vessel 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 con* trolling officer of a vessel in the merchant 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. The "captain of the watch" on a vessel is a kind of foreman or overseer, who, under the supervision of the mate, has charge of one of the two watches into which the crew is divided for the convenience of work. He calls them out and in, and directs them where to store freight, which packages to move, when to go or come ashore, and generally directs their work, and is an "officer" of the vessel within the meaning of statutes regulating the conduct of officers to the seamen. U. S. v. Trice (D. C.) 30 Fed. 491. 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. Zerega v. Perci val, 46 La. Ann. 590, 15 South. 476. CAPITULATION. CAPITUM AGRI. 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; CAPTATION.

gift or legacy through artifice.

CAPTIO. In old English law and prac tice. A taking or seizure; arrest; receiving; holding of court 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. State v. Sutton, 5 N. C. 281; U. S. v. Beebe, 2 Dak. 292, 11 N. W. 505; State T. Jones, 9 N. J. Law, 365, 17 Am. Dec. 483. 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 cer tificate to .which the commissioners' names are subscribed, declaring when and where it was ex ecuted. Brown. The caption of a pleading, deposition, 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 an order to incarcerate a debtor who has disobeyed an order, given to him by what are called "let ters of horning," to pay a debt or to perform some act enjoined thereby. Bell. 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. 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. 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 authority. U. S. v. Athens Armory, 35 Ga. 344, Fed. Cas. No. 14,473. 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, CAPTION. In practice. CAPTIVES. Prisoners of war. CAPTOR. In international law. CAPTURE.