CAPTIVE. By this term is understood one who has been taken; it is
usually applied to prisoners of war. (q.v.) Although he bas lost his liberty, a
captive does not by his captivity lose his civil rights.
CAPTOR, war. One who has talken property from an enemy; this term is
also employed to designate one who has taken an enemy.
2. Formerly, goods taken in war were adjudged to belong to the captor; they
are now considered to vest primarily, in the state or sovereign, and belong to
the individual captors only to the extent that the municipal laws provide.
3. Captors are responsible to the owners of the property for all losses and
damages, when the capture is tortious and without reasonable cause in the
exercise of belligerent rights. But if the capture is originally justifiable,
the captors will not be responsible, unless by subsequent misconduct they become
trespassers ab initio. i Rob. R. 93, 96. See 2 Gall. 374; 1 Gall. 274; 1 Pet.
Adm. Dee. 116; 1 Mason, R. 14.
CAPTURE, war. The taking of property by one belligerent from
2. To make a good capture of a ship, it must be subdued and taken by an enemy
in open war, or by way of reprisals, or by a pirate, and with intent to deprive
the owner of it.
3. Capture may be with intent to possess both ship and cargo, or only to
seize the goods of the enemy, or contraband 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 detention, witbout any design to deprive the owner of it. Capture
is deemed lawful, when made by a declared enemy, lawfully commissioned and
according to the laws of war; and unlawful, when it is against the rules
established by the law of nations. Marsh. 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. Err 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 outlawed felon
was said to have the head of a wolf, and might have been killed by any one
legally. Now, such killing 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 doctrine 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 applied to an instrument
of punishment somewhat resembling a pillory. It sometimes signifies the
punishment itself. Biret Vocab.
CARDINAL, eccl. law. The title given to one of tho highest dignitaries
of the court of Rome. Cardinals are next to the pope in dignity; he is elected
by them and out of their body. There are cardinal bishops, 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.
CARGO, mar. law. The entire load of a ship or other vessel. Abb. on
Sh. Index, h. t.; 1 Dall. 197; Merl. Rep. h. t.; 2 Gill & John. 136. This
term is usually applied to goods only, and does not include human beings. 1
Phill. Ins. 185; 4 Pick. 429. But in a more extensive and less technical sense,
it includes persons; thus we say a cargo of emigrants. See 7 Mann. Gr. 729,
CARNAL KNOWLEDGE, crim. law. This phrase is used to signify a sexual
connexion; as, rape is the carnal knowledge of a woman, &c. See Rape.
CARNALLY KNEW, pleadings. This is a technical phrase, essential in an
indictment to charge the defendant with the crime of rape; no other word or
circumlocution will answer the same purpose as these word's. Vide Ravished, and
Bac. Ab. Indictment, G 1; Com. Dig. Indictment, G 6; 1 Hale, 632; 3 Inst. 60;
Co. Litt. 137; ) 1 Chit. Cr. Law, *243. It has been doubted whether these words
were indispensible. 1 East, P. C. 448. But it would be unsafe to omit them.
CARRIERS, contracts. There are two kinds of carriers, namely, common
carriers, (q. v.) who have been considered under another head; and private
carriers. These latter are persons who, although they do not undertake to
transport the goods of such as choose to employ them, yet agree to carry the
goods of some particular person for hire, from one place to another.
2. In such case the carrier incurs no responsibility beyond that of any other
ordinary bailee for hire, that is to say, the responsibility of ordinary
diligence. 2 Bos. & Pull. 417; 4 Taunt. 787; Selw. N. P. 382 n.; 1 Wend. R.
272; 1 Hayw. R. 14; 2 Dana, R. 430; 6 Taunt. 577; Jones, Bailm. 121; Story on
Bailm, 495. But in Gordon v. Hutchinson, 1 Watts & Serg. 285, it was holden
that a Wagoner Who carries goods for hire, contracts,the responsibility of a
common carrier, whether transportation be his principal and direct business, or
only an occasional and incidental employment.
3. To bring a person within the description of a common carrier, he must
exercise his business as a public employment; he must undertake to carry goods
for persons generally; and he must hold himself out as ready to engage in the
transportation of goods for hire, as a business; not as a casual occupation pro
hac vice. 1 Salk. 249; 1 Bell's Com. 467; 1 Hayw. R. 14; 1 Wend. 272; 2, Dana,
R. 430. See Bouv. Inst. Index, b. t.
CARRYING AWAY, crim. law. To complete the crime of larceny, the thief
must not only feloniously tale the thing stolen, but carry it away. The
slightest carrying away will be sufficient; thus to snatch a diamond from a
lady's ear, which is instantly dropped among the curls of her hair. 1 Leach,
320. To remove sheets from a bed and carry them into an adjoining room. 1 Leach,
222 n. To take plate from a trunk, and lay it on the floor with intent to carry
it away. Ib. And to remove a package from one part of a wagon to another, with a
view to steal it; 1 Leach, 286; have respectively been holden to be felonies. 2
Chit. Cr. Law, 919. Vide 3 Inst. 108, 109 1 Hale, 507; Kel. 31 Ry. & Moody,
14 Bac. Ab. Felony, D 4 Bl. Com. 231 Hawk. c.32, s. 25. Where, however, there
has not been a complete severance of the possession, it is not a complete
carrying away. 2 East, P. C. 556; 1 Hale, 508; 2 Russ. on Cr. 96. Vide Invito
Domino; Larceny; Robbery; Taking.
CART BOTE. An allowance to the tenant of wood, sufficient for carts
and other instruments of husbandry.
CARTE BLANCHE. The signature of an individual or more, on a while.
paper, with a sufficient space left above it to write a note or other
2. In the course of business, it not unfrequently occurs that for the sake of
convenience, signatures in blank are given with authority to fill them up..
These are binding upon the parties. But the blank must be filled up by the very
person authorized. 6 Mart. L. R. 707. Vide Ch. on Bills, 702 Penna. R. 200. Vide
CARTEL,war. An agreement between two belligerent powers for the
delivery of prisoners or deserters, and also a written challenge to a duel.
2. Cartel ship, is a ship commissioned in time of war, to exchange prisoners,
or to carry any proposals between hostile powers; she must carry no cargo,
ammunitions, or implements of war, except a single gun for signals. The conduct
of ships of this description cannot be too narrowly watched. The service on
which they are sent is so highly important to the interests of humanity, that it
is peculiarly incumbent on all parties to take care that it should be conducted
in such a manner as not to become a subject of jealousy and distrust between the
two nations. 4 Rob. R. 357. Vide Merl. Rep. b. t.; Dane's Ab. c. 40, a. 6, 7;
Pet. C. C. R. 106; 3 C. Rob. 141 C. Rob. 336; 1 Dods. R. 60.
CARTMEN. Persons who carry goods and merchandise in carts, either for
great or short distances, for hire. 2. Cartmen who undertake to
carry goods for hire as a common employment, are common carriers.
Story on Bailm. 496; and see 2 Wend. 327 2 N. & M. 88; 1 Murph.
41 7; 2 Bailey, 421 2 Verm. 92; 1 M'Cord, 444; Bac. Ab. Carriers,