Caption

(1) A taking, or seizing; an arrest. The word is no longer used in this sense. (2) The heading of a legal instrument^ in which is shown when, where, and by what authority it was taken, found, or executed. Principally used in respect to indictments. See, as to requisites, 8 Gray (Mass.) 454; 1 South. (N. J.) 46. This meaning, now the general one, is not justified by the derivation, which is from capere, to take, and not from caput, a head. In the English practice, when an inferior court, in obedience to the writ of certiorari, returns an indictment into the king's bench, it is annexed to the caption, then called a "schedule," and the caption concludes with stating that "it is presented in manner and form as appears in a certain indictment thereto annexed," and the caption and indictment are returned on separate parchments. 1 Wm. Saund. 309, note 2.. CAPTIVE. A prisoner of war.

In practice. That part of a legal instrument, as a commission, indictment, etc., which shows where, when, and by what authority it is taken, found or executed. State v. Sutton, 5 N. C. 281; U. S. v. Beebe, 2 Dak. 292, 11 N. W. 505; State v. Jones, 9 N. J. Law, 365, 17 Am. Dec. 483. When used with reference to an indictment, caption signifies the style or preamble or commencement of the indictment; when used with reference to a commission, it signifies the certificate to .which the commissioners' names are subscribed, declaring when and where it was executed. Brown. The caption of a pleading, deposition, or other paper connected with a case in court, is the heading or introductory clause which shows the names of the parties, name of the court, number of the case on the docket or calendar, etc. Also signifies a taking, seizure, or arrest of a person. 2 Salk. 498. The word in this sense Is now obsolete in English law.

In Scotch law. Caption is an order to incarcerate a debtor who has disobeyed an order, given to him by what are called "letters of horning," to pay a debt or to perform some act enjoined thereby. Bell.

A taking or seizure of a thing, as an animal; a certificate of the taking of a commission, subscribed by the commissionei-s; the title or heading of a legal document, as a bill in equity, an indictment, etc. Formerly also a taking, seizure or arrest of a person, but in this sense the word is now obsolete.

In Scots law. A taking of a person; arrest; apprehension.

In practice. That part of 8 leval instrument, as a commission, indictment, ete., which shows whtre, when, and by what authority it is taken, found, or executed. When used with reference to sn indictment, caption siguifies the style or preamble or com- Ineucement of the indictment; when used with reference to a commission, it signifies the certificate to which the commissioners’ names are subscribed, declaring when and where it was executed. brown. The caption of a pleading, deposition, or olher paper connected with a case in court, is the heading or introductory clause which shows the naines of the parties, name of the court, number of the case on the docket or ealendar, ete. Also signifies a taking, seizure, or arrest ofa person. 2 Salk. 498. The word in this sense is now obsolete in English law. order, given to him by what are called “letters of horning,” to paya debt or to perforin some act enjuined thereby. Bell.

[Lat. captio, q. v.] In practice. A taking, seizure or arrest of a person. 2 Salk. 498. The word in this sense is now obsolete. A certificate of the taking of a commission, subscribed by the commissioners. Blount. The title or heading of a legal document, as a bill in equity, an indictment, &c. 1 Ld. Raym. 648. Marshall, C. J., 8 Peters' R. 149. Wharton's Am. Crim. Law, 63. The word in this sense seems rather to be derived from caput.

practice, is that part of a legal instrument, as a commission, indictment, &c. which shows where, when, and by what authority it was taken, found or executed. In the English practice when an inferior court, in obedience to the writ of certiorari, returns an indictment in the K. B. it is annexed to the caption, then called a schedule. 1 Saund. 309,