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CAPE AD VALENTIAM

A species of cane magnum.

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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,

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CAPERS

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

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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 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. 383.

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CAPIAS AD SATISFACIENDUM

A writ of execution, (usually termed, for brevity, a "ca. sa.,") 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 satisfy 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.

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CAPIAS AD ANDIENDUM 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. 308.

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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 issue to compel him.

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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. rcsp.

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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.

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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.

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CAPIAS PRO LINE

(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 m ct armis, or where the defendant, in bis 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.

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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. 13S&: 3 Bl. Comm. 284.

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CAPIATUR PRO FINE

(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 him upon his false plea, and the jury were troubled with the trial of it. Cro. Jae. 64.

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CAPITA

Ileails, 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.

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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.

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CAPITAL

The most important city or town of a country or region, usually its seat of government and administrative center or wealth in the form of money or other assets owned by a person or organization or available or contributed for a particular purpose such as starting a company or investing.

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CAPITAL ACCOUNT

In financial accounting, the capital account is one of the accounts in shareholders' equity. Sole proprietorships have a single capital account in the owner's equity. Partnerships maintain a capital account for each of the partners.

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CAPITAL ADDITION

Anything that is added to buildings or contents as a whole when the period of insurance has begun.

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CAPITAL ADEQUACY

The capital requirement is a bank regulation, which sets a framework on how banks and depository institutions must handle their capital. The categorization of assets and capital is highly standardized so that it can be risk weighted (see Risk-weighted asset).

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CAPITAL ALLOCATION

CAPITAL used to cover the RISKS inherent in a transaction or line of business; funds allocated act as a buffer against unexpected losses and help ensure SOLVENCY is maintained. Capital can be allocated through both internallydeveloped and regulatory mechanisms. See also ECONOMIC CAPITAL, REGULATORY CAPITAL, RESERVES, RISKADJUSTED CAPITAL, RISKADJUSTED RETURN ON CAPITAL.

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