英文法律词典 C-3

CANONIST. One well versed¹ in canon or ecclesiastical law.

CANNON² SHOT, war. The distance which a cannon will throw a ball. 2. The whole space of the sea, within cannon shot of the coast, is considered as making a part of the territory; and for that reason, a vessel³ taken under the cannon of a neutral fortress⁴, is not a lawful⁵ prize. Vatt. b. 1, c. 23, s. 289, in finem Chitt. Law of Nat. 113; Mart. Law of Nat. b. 8, c. 6, s. 6; 3 Rob. Adm. Rep. 102, 336; 5 Id. 373; 3 Hagg. Adm. R. 257. This part of the sea being considered as part of the adjacent territory, (q. v.) it follows that magistrates⁸ can cause the orders of their governments to be executed there. Three miles is considered as the greatest distance that the force of gunpowder⁹ can carry a bomb or a ball. Azun. far. Law, part 2, c. 2, art. 2, 15; Bouch. Inst. n. 1848. The anonymous¹⁰ author of the poem, Della Natura, lib. 5, expresses this idea in the following lines: Tanto slavanza in mar⁷ questo dominio, Quant esser puo d'antemurale e guardia, Fin⁶ dove puo da terra in mar vibrandosi Correr di cavo bronzo acceso fulinine. Far as the sovereign can defend his sway, Extends his empire o'er the watery¹¹ way; The shot sent thundering to the liquid plain, Assigns the limits of his just domain¹². Vide League.

CAPACITY. This word, in the law sense, denotes some ability, power, qualifi- cation, or competency of persons, natural, or artificial, for the performance of civil acts, depending on their state or condition, as defined or fixed¹³ by law; as, the capacity to devise, to bequeath, to grant or convey lands; to take; or to take. and hold lands to make a contract, and the like. 2 Com. Dig. 294; Dane's Abr. h. t.

2. The constitution requires that the president, senators, and representatives should have attained¹⁴ certain ages; and in the case of the senators and representatives, that out these they have no capacity to serve in these offices.

3. All laws which regulate the capacity of persons to contract, are considered personal laws; such are the laws which relate to minority and majority; to the powers of guardians¹⁵ or parents, or the disabilities of coverture. The law of the domicil generally governs in cases of this kind. Burge. on Sureties, 89.

CAPAX DOLI. Capable of committing crime. This is said of one who has sufficient mind and understanding to be made responsible for his actions. See, Discretion¹⁶.

CAPE¹⁷, English law. A judicial¹⁸ writ¹⁹ touching²⁰ a plea of lands and tenements²¹. The writs²² which bear this name are of two kinds, namely, cape magnum, or grand, cape, and cape parvum, or petit cape. The petit cape, is so called, not so much on account of the smallness of the writ, as of the letter. Fleta , lib. 6, c. 55, 40. For the difference between the form and the use of these writs, see 2 Wms. Saund. Rep. 45, c, d; and Fleta, ubi sup.

CAPERS²³. Vessels²⁴ of war owned by private persons, and different from ordinary privateers (q. v.) only in size, being smaller. Bea. Lex. Mer. 230.

CAPIAS, practice. This word, the signification of which is " that you take," is applicable to many heads of practice. Several writs and processes, commanding the sheriff to take the person of the defendant²⁵, are known by the name of capias. For example: there are writs of capias ad respondendum, writs of capias ad computandum, writs of capias ad satisfaciendum, &c., each especially adapted to the purposes indicated by the words used for its designation. See 3 Bl. Com. 281; 3 Bouv. Inst. n. 2794.

CAPIAS AD AUDIENDUM JUDICIUM, practice. A writ issued in a case of misdemeanor, after the defendant has appeared and found guilty, and is not present when called. This writ is to bring him to judgment²⁶. 4 BI. Com. 368.