practice. 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. As to the forms and requisites of captions, see
1 Murph. 281; 8 Yerg. 514; 4 Iredell, 113; 6 Miss,. 469; 1 Scam. 456; 5
How. Mis. 20; 6 Blackf. 299; 1 Hawks, 354; 1 Brev. 169.
2. In the English practice, when an in ferior court in obedience to the
writ of certiorari, returns an indictment into the K. B. , 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
parch ments. 1 Saund. 309, n. 2. Vide Dane"s Ab. Index, h. t.
3. Caption is another name for arrest. CAPTIVE. By this term is understood
one who has been taken; it is usually applied to prisoners of war. (q.v.)
Although he bas lost his liberty, a captive does not by his captivity lose
his civil rights.
Source: Bouviers Law Dictionary 1856 Edition
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