Legal Term Dictionary

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 summon the tenant to answer the default, and also oyer to the demandant; the cape ad valentiam was a species of grand cape, and More...

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 summon the tenant to answer the default, and also oyer to the demandant; the cape ad valentiam 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. Grand cape. A judicial writ In the old real actions, which issued for the demandant where the tenant, after being duly summoned, neglected to appear on the return of the writ, or to cast an essoin, or, in case of an essoin being cast, neglected to appear on the adjournment day of the essoin; its object being to compel an appearance. Rose. Real Act. 165, et seq. It was called a "cape," from the word with which It commenced, and a "grand cape" (or caps magnum) to distinguish it from the petit cape, which lay after appearance. Less...

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.

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. Less...

Vessels of war owned by private persons, and different from ordinary privateers only In size, being smaller. Beawes, Lex Merc. 230.

Vessels of war owned by private persons, and different from ordinary privateers only In size, being smaller. Beawes, Lex Merc. 230. Less...

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 defendant into custody; they are writs of attachment or arrest. In English practice. A capias is the process on an indictment More...

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 defendant into custody; they are writs of attachment 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. 883. —Capias ad audiendum judicium. 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 computandam. 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 issue to compel him.—Capias ad respondendum. A judicial writ (usually simply termed a "capias") by which actions at law were frequently commenced; and which commands 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 answer 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. A writ of execution, (usually termed, for brevity, a "ca. so.,") which a party may issue after having recovered judgment against 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 damages or debt and damages recovered by the judgment. Its effect Is to deprive the party taken of his liberty until he makes the satisfaction awarded. 3 Bl. Comm. 414, 415; 2 Tidd, Pr. 993, 1025; Litt § 504; Co. Litt. 289a; Strong v. Linn, 5 N. J. Law, 803.—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 "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 verdict 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 defendant, 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 Bl. Comm. 284. Less...

(Let him be taken for the fine.) In English practice. A clause inserted at the end of old judgment records in actions of debt, where the defendant denied his deed, and it was found against Aim upon his false plea, and the jury were troubled with the trial of It. More...

(Let him be taken for the fine.) In English practice. A clause inserted at the end of old judgment records in actions of debt, where the defendant denied his deed, and it was found against Aim upon his false plea, and the jury were troubled with the trial of It. Cro. Jac 64. Less...

Heads, and, figuratively, entire bodies, whether of persons or animals. Spelman. Persons individually considered, without relation to others, (polls;) as distinguished from stirpes 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, More...

Heads, and, figuratively, entire bodies, whether of persons or animals. Spelman. Persons individually considered, without relation to others, (polls;) as distinguished from stirpes 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 intestate's personalty, the persons legally entitled to take are said to take per capita when they claim, each in his own right, as in equal degree of kindred; in contradistinction to claiming by right of representation, or per stirpes. Less...

n. In political economy, mat 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; bat, in commerce, and as applied to individuals, it is understood to mean the sum of money More...

n. In political economy, mat 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; bat, in commerce, and as applied to individuals, 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 partnership. Also the fund of a trading company or corporation, in which sense the word "stock" is generally added to it. Pearce v. Augusta, 87 Ga. 509; People v. Feltner, 56 App. Div. 280, 67 N. Y. Supp. 893; Webb v. Armlstead (C. C.) 26 Fed. 70. 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 incurred, then it is the residue after deducting such losses. See CAPITAL STOCK. 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 appropriated in their business or undertakings. And, when used with respect to the property of individuals in any particular business, the term has substantially the same import; it then means the property taken from other investments or uses and set apart for and invested in the special business, 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. Bailey v. Clark, 21 Wall. 286, 22 L. Ed. 651. The principal sum of a fund of money; money invested at interest. Also the political and governmental metropolis of a state or country; the seat of government; the place where the legislative department holds its sessions, and where the chief ofllces of the executive are located. Less...

adj. Affecting or relating to the head or life of a person; entailing the ultimate penalty. Thus, a capital crime is one punishable with death. Walker v. State, 28 Tex. App. 503, 13 S. W. 860; Ex parte McCrary, 22 Ala. 72; Ex parte Dusenberry,. 97 Mo. 504,11 S. W. More...

adj. Affecting or relating to the head or life of a person; entailing the ultimate penalty. Thus, a capital crime is one punishable with death. Walker v. State, 28 Tex. App. 503, 13 S. W. 860; Ex parte McCrary, 22 Ala. 72; Ex parte Dusenberry,. 97 Mo. 504,11 S. W. 217. Capital punishment is the punishment of death. Also principal; leading; chief; as "capital burgess." 10 Mod. 100. Less...

The common stock or fund of a corporation. The sum of money raised by the subscriptions of the stockholders, and divided into shares. It is said to be the sum upon which calls may be made upon the stockholders, and dividends are to be paid. Christensen v. Eno, 106 N. More...

The common stock or fund of a corporation. The sum of money raised by the subscriptions of the stockholders, and divided into shares. It is said to be the sum upon which calls may be made upon the stockholders, and dividends are to be paid. Christensen v. Eno, 106 N. Y. 97, 12 N. E. 648, 60 Am. Rep. 429; People v. Com'rs, 23 N. Y. 219; State v. Jones, 51 Ohio St. 492, 37 N. E. 945; Burrall v. Railroad Co., 75 N. Y. 216. Originally "the capital stock of the bank" was all the property of every kind, everything, which the bank possessed. And this "capital stock." all of it, in reality belonged to the contributors, it being intrusted to the bank to be used and traded with for their exclusive benefit; and thus the bank became the agent of the contributors, so that the transmutation of the money originally advanced by the subscribers into property of other kinds, though it altered the form of the investment, left its beneficial ownership unaffected ; and every new acquisition of property, by exchange or otherwise, was an acquisition for the original subscribers or their representatives, their respective interests in it all always continuing in the same proportion as 4n the aggregate capital originally advanced. So that, whether in the form of money, bills of exchange, or any other property in possession or in action into which the money originally contributed has been changed, or which it has produced, all is, as the original contribution was, the capital stock of the bank, held, as the original contribution was, for the exclusive benefit of the original contributors and those who represent them. The original contributors and those who represent them are the stockholders. New Haven v. City Bank, 31 Conn. 109. Capital stock, as employed in acts of incorporation, is never used to mdicate the value of the property of the company. It is very generally, if not universally, used to designate the amount of capital prescribed to be contributed at the outset by the stockholders, for the purposes of the corporation. The value of the corporate assets may be greatly increased by surplus profits, or be diminished by losses, but the amount of the capital stock remains the same. The funds of the company may fluctuate; its capital stock remains invariable, unless changed by legislative authority. Canfield v. Fire Ass'n, 23 N. J. Law, 195. Less...

A thing which is stolen, or the value of it. Blount.

A thing which is stolen, or the value of it. Blount. Less...