Capita

See Caput, Capita.

CAPITAIi.i 1, adj.

For which death is the penalty: as, a capital ofl Eense. Probably from "decapitation," once a common mode of executing, the sentence of death. Those judgments are capital which extend to the life of the offender, and consist, generally, in his being hanged by the neck till dead.' See Death, Penalty.

3, n.

Money or property invested in a business enterprise. The actual estate, whether in money or property, which. is owned by an individual or a corporation.' The chief thing, the head, the beginning and basis of an imderta Jdng or enterprise... "Capital "and "capital stock," in ordinary parlance, when applied to combinations or associations for transacting business, have the same meaning, the former being an abbreviation of the latter.* Used with respect to the property of a corporation or association, the term "capital" 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... Eef ei Ting 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 ihcrease, proceeds or earnings of which property, beyond expenditures incurred in ' L. capitalis, chief: caput, the head. »4B1.

Com. 376.

3 People V. Commissioners, 83 N. Y. 219 (1861), Comestock, C. J. * San Fi-anoisco v. Spring Valley Water Works, 63 its use, consists the profits made in the business, i It does not, any more than when used with respect to corporations, embrace temporary loans in the regular course of business. ' See Moneyed. " Capital stock," or " shares of capital stock," signifies the sum upon which calls may be made upon the holders of the stock of a corporation, and upon which dividends are declared.''

See further Stock, 3 (a).