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. Jac. 64. CAPITA (Lat.) By heads. An expression of frequent occurrence in laws regulating the distribution of the estates of persons dying intestate. When all the persons entitled to shares in the distribution are of the same degree of kindred to the deceased person (e. g., when all are grandchildren), and claim directly from him in their own right, and not through an intermediate relation, they take per capita, that is, equal shares, or share and share alike. But when they are of different degrees of kindred (e. g., some the children, others the grandchildren or the great-grandchildren, of the deceased), those more remote take per stirrelation standing in the same degree with them of the surviving kindred entitled, who are in the nearest degree of kindred to the intestate) would have taken had they respectively survived the intestate. Reeve, Descent, Introd. xxvii. Also, 1 Rop. Leg. 126, 130. See "Per Capita;" "Per Stirpes;" "Stirpes."

See Capias pro Fixe. CAPITA (Lat). Heads, and figuratively entire bodies, whether of persons or animals. Spelman. An expression of frequent occurrence in laws regulating the distribution of the i arsons dying intestate. When all the pi i shares in the distribution are of the sai kindred to the deceased person (e. g. when all are grandchildren), and claim directly from him in their own right, and not through an intermediate relation, they take per capita, that is, equal shares, or share and share alike. But when they are of different degrees of kindred (e. g. some the chi others the grandchildren or the great-grandchildren of the deceased), those more remote take per stirpem or per stirpes, that is, they take respectively the shares their parents (or other relation standing in the same degree with them of the surviving kindred entitled, who are in the nearest degree of kindred to the Intestate) would have taken had they respectively survived the intestate. Reeve, Descent, Introd. zxvli.; also, 1 Roper, Leg. 126, 130. See Per Capita; Peh Stirpes; Stirpes.

(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. Jac. 64.

/. I.

In old English law. Let him be taken for the fine; a clause inserted at the end of old judgment records in actions of debt where it was found against the defendant upon his false plea, and the jury were troubled with the trial of it The same form was used in replevin, trespass, ejectment, assault and false imprisonment; the judgment ordering the party to be taken until he paid a fine for the public misdemeanor which was considered as coupled with the private injury in those cases.

I. Let him be taken for the fine; v. Capias, 6.

Lat. (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. Jac. 64. The same form was used in actions of replevin, trespass, ejectment, assault and false imprisonment; the judgment ordering the party to be taken until he paid a fine to the king for the public misdemeanor which was considered as coupled with the private injury in those cases. 3 Bl. Com. 398. Since the statute 5 & 6 W. & M. c. 12, this form has been disused. Id. ibid. 3 Steph. Com. 636, note (a).