英文法律词典 C-9

CAPTURE, war. The taking of property by one belligerent¹ from another.

2. To make a good capture of a ship, it must be subdued² and taken by an enemy in open war, or by way of reprisals³, or by a pirate, and with intent to deprive the owner of it.

3. Capture may be with intent to possess both ship and cargo⁴, or only to seize the goods of the enemy, or contraband⁵ goods which are on board: The former is the capture of the ship in the proper sense of the word; the latter is only an arrest and detention⁶, witbout any design to deprive the owner of it. Capture is deemed lawful⁷, when made by a declared enemy, lawfully⁸ commissioned and according to the laws of war; and unlawful, when it is against the rules established by the law of nations. Marsh⁹. Ins. B. 1, c. 12, s. 4.See, generally, Lee on Captures, passim; 1 Chitty's Com. Law, 377 to 512; 2 Woddes. 435 to 457; 2 Caines' C. Err¹⁰ 158; 7 Johns. R. 449; 3 Caines' R. 155; 11 Johns. R. 241; 13 Johns. R.161; 14 Johns. R. 227; 3 Wheat. 183; 4 Cranch, 436 Mass. 197; Bouv. Inst. Index, h. t.

CAPUT LUPINUM, Eng. law. Having the head of a wolf. An outlawed¹¹ felon¹² was said to have the head of a wolf, and might have been killed by any one legally. Now, such killing¹³ would be murder. 1. Hale, Pl. C. 497. The rules of the common law on this subject are rauch more severe in their consequences, than the doctrine¹⁴ of the civil law relating to civil death. See 1 Toull. Droit Civil, n. 280, and pp. 254-5, note 3.

CARAT, weights. A carat is a weight equal to three and one-sixth grains, in diamonds, and the like. Jac. L. Dict. See Weight.

CARCAN, French law. A French word, which is applied¹⁵ to an instrument of punishment somewhat resembling a pillory¹⁶. It sometimes signifies the punishment itself. Biret Vocab.

CARDINAL¹⁷, eccl. law. The title given to one of tho highest dignitaries of the court of Rome. Cardinals¹⁸ are next to the pope in dignity; he is elected by them and out of their body. There are cardinal bishops¹⁹, cardinal priests, and cardinal deacons. See Fleury, Hist. Eccles. liv. xxxv. n. 17, Ii. n. 19 Thomassin, part ii. liv. i. oh. 53, part iv. liv. i. c. 79, 80 Loiseau, Traite des Ordres, c. 3, n. 31; Andre, Droit Canon, au mot.

CARDS, crim. law. Small square pasteboards, generally of a fine quality, on which are painted figures of various colors, and used for playing different games. The playing of cards for amusement is not forbidden, but gaming for money is unlawful. Vide Faro bank, and Gaming.