CAPTION (Lat. capere, to take). A tak ing, or seizing ; an arrest. The word is no longer used in this sense.
The heading of a legal instrument, in which is shown when, where, and by what authority it was taken, found, or executed.
In the English practice, when an inferior court, in obedience to the writ of certiorari, returned an indictment into the king's bench, it was annexed to the caption, then called a schedule, and the caption concluded with stating that "it is presented in man ner and form as appears in a certain indictment thereto annexed," and the caption and indictment were returned on separate parchments. 1 Wms. Saund. 309, n. 2.
In some of the states, every indictment has a cap tion attached to it, and returned'hy the grand jury as part of their presentment in each particular case; and in this respect a caption differs essentially from that of other tribunals, where the separate indict ments are returned without any caption, and the caption is added by the clerk of the court, as a general caption embracing all the indictments found at the term; Com. v. Stone, 3 Gray (Mass.) 454 ; Com. v. Edwards, 4 Gray (Mass.) .5; Com. v. Gee, 6 Cush. (Mass.) 174.
In Criminal Practice. The object- of the caption is to give a formal statement of the proceedings, describe the court before which the indictment is found, and the 'time when and place where it was found; Hall, Int. L. 413 ; Qom. v. Stone, 3 Gray (Mass.) 454; and the jurors by whom it was found ; Whart. Cr. Pl. § 91. Thus particulars must be set forth with reasonable certainty ; U. S. v. Prentice, 6 McLean, 66, Fed. Cas. No. 16,083 ;
State v. Conley, 39 Me. 78; Reeves v. State, 20 Ala. 33. It must show that the venire facies was returned and from whence the jury came; Whart. Cr. PL § 91. The cap tion may be amended in the court in which the indictment was found ; U. S. v. Prentice, 6 McLean 66, Fed. Cas. No. 16,083; Com. v. Hines, 101 Mass. 33 ; Brown v. Com., 78 Pa. 122 ; even in the supreme court; State v. Jones, 9 N. J. L. 357, 17 Am. Dec. 483; State v. Williams, 2 McCord (S. C.) 301. It is no part of the indictment; Com. v. Stone, 3 Gray (Mass.) 454; State v. Wentworth, 37 N. H. 196 ; People v. Bennett, 37 N. Y. 117, 93 Am. Dec. 551; Noles v. State, 24 Ala. 672.
A clerical error in naming the •district court of Alaska in the caption of an indict ment as "the District Court of the United States," etc., does not vitiate such indict ment ; Jackson v. U. S., 102 Fed. 473, 42 C. C. A. 452.
. In Depositions. The caption should state the title of the cause, the names of the par ties, and at whose instance the depositions are taken; Knight v. Nichols, 34 Me. 208. See Waskern v. Diamond, 1 Hemp. 701, Fed. Cas. No. 17,248; Weeks, Depositions.
For some decisions as to the forms and requisites of captions, see State v. Sutton, 5 N. C. 281; State v. Creight, 1 Brev. (S. C.) 169, 2 Am. Dec. 656; Mitchell v. State, 8 Yerg. (Tenn.) 514; State v. Brickell, 8 N. C. 354; Kirk v. State, 6 Mo. 469; Duncan v. People, 1 Scam. (Ill.) 456; Beauchamp v. State, 6 Blackf. (Ind.) 299; Thomas v. State, 5 How. (Miss.) 20.