CAPITA

Heads, and, figuratively, entire bodies, whether of persons or animals. Spelman. Persons individually considered, without relation to others, (polls;) as distinguished from stirpes or stocks of descent. The term in this sense, making part of the common phrases, in capita, per capita, is derived from the civil law. Inst. 3, 1, 6. Capita, per. By heads; by the poll; as individuals. In the distribution of an intestate’s personalty, the persons legally entitled to take are said to take per capita when they claim, each in his own right, as in equal degree of kindred ; in contradistinction to claiming by right of representation, or per stirpes.