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Capite
CapiteDescents. By the head. Distribution or succession per capita, is said to take place when every one of the kindred in equal degree, and not jure representationis, receive an equal part of an estate. RELATED TERMS-------------------------------------- Distribution By this term is understood the division of an intestate's estate according to law. Succession Common law. The mode by which one set of persons, members of a corporation aggregate, acquire the rights of another set which preceded them. This term in strictness is to be applied only to such corporations. Capita Capita or Per capita. By heads. An expression of frequent occurrence in laws regulating the distribution of the estates of persons dying intestate. Said Before mentioned. Take This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away. Place Pleading, evidence. A particular portion of space; locality. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Kindred Relations by blood. Nature has divided the kindred of every one into three principal classes: 1. His children, and their descendants. 2. His father, mother, and other ascendants. 3. His collateral relations; which include, in the first place, his brothers and sisters, and their descendants and, secondly, his uncles, cousins, and other relations of either sex, who have not descended from a brother or sister of the deceased. All kindred then are descendants, ascendants, or collaterals. A hushand or wife of the deceased, therefore, is not his or her kindred. Degree 1) Descents. This word is derived from the French degre, which is itself taken from the Latin gradus, and signifies literally, a step in a stairway, or the round of a ladder. 2) measures. In angular measures, a degree is equal to sixty minutes, or the thirtieth part of a sine. 3) persons. By degree, is understood the state or condition of a person. Jure By law; by right; in right; as, jure civilis, by the civil law; jure gentium, by the law of nations; jure representationis, by right of representation; jure uxoris, in right of a wife. Receive To receive. Voluntarily to take from another what is offered. Estate A right or interest in property or the property of a deceased person. SIMILAR TERMS-------------------------------------- Capias Practice. This word, the signification of which is " that you take," is applicable to many heads of practice. Several writs and processes, commanding the sheriff to take the person of the defendant, are known by the name of capias. Capias ad audiendum judicium Practice. A writ issued in a case of misdemeanor, after the defendant has appeared and found guilty, and is not present when called. Capias ad computandum Practice. A writ issued in the action of account render, upon the judgment quod computet, when the defendant refuses to appear, in his proper person, before the auditors, and enter into his account. Capias in withernam Practice. A writ issued after a return of elongata or eloigned has been made to a writ of retorno habendo, commanding the sheriff to take so many of the distrainer's goods by way of reprisal, as will equal the goods mentioned in the retorno habendo. Capias pro fine Practice, Criminal law. The name of a writ which issues against a defendant who has been fined, and who does not discharge it according to the judgment. This writ commands the sheriff to arrest the defendant and commit him to prison, there to remain till he pay the fine, or be otherwise discharged according to law. Capiatur Pro fine. The name of a writ which was issued to levy a fine due to the king. Capita Capita or Per capita. By heads. An expression of frequent occurrence in laws regulating the distribution of the estates of persons dying intestate. Capital 1) Political economy, commerce. In political economy, it is that portion of the produce of a country, which may be made directly available either to support the human species or to the facilitating of production. 2) In commerce, as applied to individuals, it is those objects, whether consisting of money or other property, which a merchant, trader, or other person adventures in an undertaking, or which he contributes to the common stock of a partnership. 3) It signifies money put out at interest. Capital crime A crime punishable by death. Capital punishment The judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. Capitalization The conversation of income into value. Capitation A poll tax; an imposition which is yearly laid on each person according to his estate and ability. Capitularies The Capitularia or Capitularies, was a code of laws promulgated by Childebert, Clotaire, Carloman, Pepin, Charlemague, and other kings. It was so called from the small chapters or heads into which they were divided. Capitulation 1) War. The treaty which determines the conditions under which a fortified place is abandoned to the commanding officer of the army which besieges it. 2) Civ.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. PREVIOUS AND NEXT TERMS-------------------------------------- Capita Capita or Per capita. By heads. An expression of frequent occurrence in laws regulating the distribution of the estates of persons dying intestate. Capital 1) Political economy, commerce. In political economy, it is that portion of the produce of a country, which may be made directly available either to support the human species or to the facilitating of production. 2) In commerce, as applied to individuals, it is those objects, whether consisting of money or other property, which a merchant, trader, or other person adventures in an undertaking, or which he contributes to the common stock of a partnership. 3) It signifies money put out at interest. Capital crime A crime punishable by death. Capitalization The conversation of income into value. Capitation A poll tax; an imposition which is yearly laid on each person according to his estate and ability. Capite Capitularies The Capitularia or Capitularies, was a code of laws promulgated by Childebert, Clotaire, Carloman, Pepin, Charlemague, and other kings. It was so called from the small chapters or heads into which they were divided. Capitulation 1) War. The treaty which determines the conditions under which a fortified place is abandoned to the commanding officer of the army which besieges it. 2) Civ.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. Captation French law. The act of one who succeeds in controlling the will of another, so as to become master of it. Captator French law. The name which is sometimes given, to him who by flattery and artifice endeavors to surprise testators, and induce them to. give legacies or devices, or to make him some other gift. Caption Practice. That part of a legal instrument which shows where, when, and by what authority it was taken, found or executed. We thank you for using the Juridical Dictionary to search for Capite. If you have a better definition for Capite than the one presented here, please let us know by making use of the suggest a term option. This definition of Capite may be disputed by other professionals. Our attempt is to provide easy definitions on Capite and any other medical topic for the public at large.
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