CAPTATION, French law. The act of one who succeeds in controlling the will of another, so as to become master of it. It is generally taken in a bad sense.
2. Captation takes place by those demonstrations1 of attachment2 and friendship, by those assiduous attentions, by those services and officious little presents which are usual among friends, and by all those means which ordinarily render us agreeable to others. When those attentions are unattended by deceit or fraud, they are perfectly3 fair, and the captation is lawful4; but if, under the mask of friendship, fraud is the object, and means are used to deceive the person with whom you are connected, then the captation is fraudulent, and the acts procured5 by the captator are void. See Influence.
CAPTATOR, French law. The name which is sometimes given, to him who by flattery and artifice6 endeavors to surprise testators, and induce them to. give legacies7 or devices, or to make him some other gift. Diet. de Jur.
CAPTION8, practice. That part of a legal instrument, as a 'Commission, indictment9, &c., which shows where, when, and by what authority it was taken, found or executed. As to the forms and requisites10 of captions11, see 1 Murph. 281; 8 Yerg. 514; 4 Iredell, 113; 6 Miss,. 469; 1 Scam. 456; 5 How. Mis. 20; 6 Blackf. 299; 1 Hawks12, 354; 1 Brev. 169.
2. In the English practice, when an in ferior court in obedience13 to the writ14 of certiorari, returns an indictment into the K. B. , it is annexed15 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 parch16 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 applied17 to prisoners of war. (q.v.) Although he bas lost his liberty, a captive does not by his captivity18 lose his civil rights.
CAPTOR, war. One who has talken property from an enemy; this term is also employed to designate one who has taken an enemy.
2. Formerly19, goods taken in war were adjudged to belong to the captor; they are now considered to vest primarily, in the state or sovereign, and belong to the individual captors only to the extent that the municipal laws provide.
3. Captors are responsible to the owners of the property for all losses and damages, when the capture is tortious and without reasonable cause in the exercise of belligerent20 rights. But if the capture is originally justifiable21, the captors will not be responsible, unless by subsequent misconduct they become trespassers ab initio. i Rob. R. 93, 96. See 2 Gall22. 374; 1 Gall. 274; 1 Pet. Adm. Dee. 116; 1 Mason, R. 14.
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