CAPITATION. A poll tax; an imposition which is yearly laid on each person according to his estate and ability.

2. The Constitution of the United States provides that "no capitation, or other direct tax, shall be laid, unless in proportion to the census¹, or enumeration², therein before directed to be taken." Art. 1, s. 9, n. 4. See 3 Dall. 171; 5 Wheat. 317.

CAPITE, descents. By the head. Distribution or succession per capita, is said to take place when every one of the kindred in equal degree, and not jure representationis, receive an equal part of an estate.

CAPITULARIES.The Capitularia or Capitularies, was a code of laws promulgated³ by Childebert, Clotaire, Carloman, Pepin, Charlemague, and other kings. It was so called from the small chapters or heads into which they were divided. The edition by Baluze, published in 1677, is said to be the best.

CAPITULATION, war. The treaty which determines the conditions under which a fortified⁴ place is abandoned to the commanding officer of the army which besieges⁵ it.

2. On surrender by capitulation, all the property of the inhabitants protected by the articles, is considered by the law of nations as neutral, and not subject to capture on the high seas, by the belligerent⁶ or its ally. 2 Dall.

CAPITULATION, civ.law. An agreement by which the prince and the people, or those who have the right of. the people, regulate the manner in which the government is to be administered. Wolff, 989.

CAPTAIN or SEA CAPTAIN, mar⁷. law. The name given to the master or commander of a vessel⁸. He is known in this country very generally by the name of master. (q. v.) He is also frequently denominated patron in foreign laws and books.

2. The captains in the navy of the United States, are officers appointed by government. Those who are employed in the mercantile service, have not strictly⁹ an official character. They are appointed or employed by the owners on the vessels¹⁰ they command.

3. It is proposed to consider the duty of the latter. Towards the owner of the vessel he is bound by his personal attention and care, to take all the necessary precautions for her safety; to, proceed on the voyage in which such vessel may be engaged, and to obey faithfully his instructions; and by all means in his power to promote the interest of his owner. But he is not required to violate good faith, nor employ fraud even with an enemy. 3 Cranch, 242.

4. Towards others, it is the policy of the law to hold him responsible for all losses or damages that may happen to the goods committed to his charge; whether they arise from negligence¹¹, ignorance, or wilful¹² misconduct of himself or his mariners¹³, or any other person on board the ship. As soon, therefore, as goods are put on board, they are in the master's charge, and he is bound to deliver them again in the same state in which they were shipped, and he is answerable for all losses or damages they may sustain, unless it proceed from au inherent defect in the article, or from some accident or misfortune which could not be prevented.

5. It may be laid down as a general rule, that the captain is responsible when any loss occurs in consequence of his doing what he ought not to do, unless he was forced by the act of God,. the enemies of the United States, or the perils¹⁴ of the sea.1 Marsh¹⁵. Ins. 241; Pard. n. 658.

6. The rights of the captain are, to choose his crew as he is responsible for their acts, this seems but just, but a reasonable deference¹⁶ to the rights of the owner require that he should be consulted, as he, as well as the captain, is responsible for the acts of the crew. On board, the captain is invested with almost arbitrary power overthe crew, being responsible for the abuse of his authority. Ab. on Sbipp.162. He may repair the ship, and, if he is not in funds to pay the expenses of such repairs, he may borrow money, when abroad, on the credit of his owners or of the ship. Abb. on Sh. 127-8. In such cases, although contracting within the ordinary scope of his owers and duties, he is generally responsible as well as the owner. This is the established rule of the maritime¹⁷ law, introduced in favor of commerce it has been recognized and adopted by the commercial nations of, Europe, and is derived¹⁸ from the civil or Roman law. Abbott, Ship. 90; Story, Ag. 11 6 to 123, 294; Paley, Ag. by Lloyd, 244; 1 Liverm. Ag. 70; Poth. Ob. n. 82; Ersk. Inst. 3, 3, 43; Dig. 4, 9, 1; Poth. Pand. lib. 14, tit. 1; 3 Summ. R. 228. See Bell's Com. 505, 6th ed; Bouv. Inst. Index, h. t.