Captive

By this term is under-
stood one who has been taken; it is
usually applied to prisoners of war, (q.
v.) Although he has lost his liberty,

a captive does not by his captivity lose
his civil rights.

CAPTOR, war, is one who has
taken 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 lielong to the captor,
they are now considered to vest prima-
rily, in the state or sovereign, and be-
long to the individual captors only to
the extent that the municipal laws pro-
vide.

3. — Captors are resjK>nsiblc to the
owners of the property for all losses
and damages, when the capture is tor-
tious and without reasonable cause in
the exercise of belligerent rights. But
if the capture is originally justifiable,
the captors will not be responsible, un-
less by subsequent misconduct they
l>ccomc trespassers ah initio. 1 Rob.
R. 93, 96. See 2 Gall. 374 ; 1 Gall.
274 ; 1 Pet. Adin. Dec. 116 ; 1 Mason,
R. 14.

CAPTURE, tear, is the taking of
property by one belligerent from
another.

2. — To make a good capture of a
ship, it must l>c subdued and taken by
an enemy in ojicn war, or by way of
reprisals, or by a pirate, and with in-
tent to deprive the owner of it.

3. — Capture may be with intent to
possess both ship and cargo, or ouly
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,
without 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
ngainst 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 W’oddes. 435 to 457 ; 2 Caincs’s
C. Err. 158; 7 Johns. R. 419; 3
Caincs’s R. 155; 11 Johns. R. 241;
13 Johus. R. 161; 14 Johns. R. 227;

CAP

CAR

221

3 AVhcat. 163 ; 4 C ranch, 43 ; 6 Mass. ,
197.

CAPUT LUPINUM, Eng. law ,
having the head of a wolf. An out-
lawed 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, PI. C.
497.

CARCAN, punishment ; this is a
French word which signifies pillory,
and is sometimes used in that sense;
as is carcannum for a prison.

CARDINAL, eccl. Ian •, is the title
of an ecclesiastical prince, who has an
activo or passive voice in the conclave
when a pope is elected.

CARDS, crim. law. Small square
paste boards, generally of a fine quality
on which arc* painted figures of various
colours, nnd 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 I)all. 197 ; Merl.
Rep. h. t. 2 Oil! & John. 136. This
term is usually applied to goor/s only,
and docs not include human beings or
animals. 1 Phill. Ins. 185; 4 Pick.
429. Hut in a more extensive and
less technical sense, it includes j>crsons,
thus we say a cargo of emigrants.
See 7 Mann. & Gr. 729, 744.

CARNAL KNOWLEDGE, crim.
law. This phrase is used to signify a
sexual connexion ; as, rape is the car-
nal knowledge of a woman, &c. Sec
Rape.

CARNALLY KNEW, pleadings.
This is a technical phrase essentinl in
an indictment to charge the defendant
with the crime of rape : no other word
or circumlocution will answer the same
purpose ns these words. Vide Ra-
vished y nnd Bac. Ab. Indictment, G 1 ;
Com. Dig. Indictment, G 6 ; 1 Hale,
682; 3 Inst. 60; Co. Litt. 137; 1
Chit. Cr. Law, *243. It has been
doubted whether these words were in-
dispensable, 1 East, P. C. 448, but it
would bo unsafe to omit them.

CARR AT, weights. A carrat is a
weight equal to three nnd one-sixth
grains, in diamonds, nnd the like. Jac.
L. Diet. Sec Weight.

CARRIERS, contracts. There are
two kinds of carriers, namely common
carriers , (q. v.) who have been consi-
dered under another head ; and private
carriers. These latter are persons
who, although they do not undertake
to transport the goods of such ns
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
ordinary bailee lbr 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. 480; 6
Taunt. 577 ; Jones, Baihn. 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 responsi-
bility of a common carrier, whether
transportation be his principal and di-
rect business, or only an occasional
and incidental employment.

3. — To bring a person within the
description of a common carrier, ho
must exercise his business as a public
employment ; ho must undertake to
carry goods for persons generally ; nnd
he must hold himself out as ready to
engage in the transportation of goods
for hire, ns a business ; not as a casual
occupation pro hoc vice. 1 Salk. 249 ;
1 Bell’s Com. 407; 1 Hayw. R. 14;
1 Wend. 272 ; 2 Dana, R. 430.

CARRYING AWAY, crim. law.
To complete the crime of larceny, the
thief must not only feloniously take
the thing stolen, but carry it away.
The slightest carrying away will bo
sufficient; thus to snatch a diamond
from a Indy’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 pinto
from u trunk, aud lay it on the floor

222

CAR

CAS

with intent to carry it away, lb. ; and
to remove a package from one part of
a wagon to another, with a view to
steal it, 1 Leach, 236, have respec- !
tivelv been holden to be felonies. 2
Chit. Cr. Law, 919. Vide 3 Inst, 108,
109; 1 Hale, 607; Kel. 31; Ry. A
Moody, 14; Bac. Ab. Felony, (D); 1 '
Bl. Com. 231 ; Hawk. c. 32, s. 26.
Where, however, there lias not been a
complete severance of tho 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; 'Diking.

CART BOTE, an allowance to the
tenant of wood, sunieient for carts and
other instruments of husbandry.