Blacks Law Dict. 1st ed

173

CAPUT MORTUUM

CARGA

used in playing certain games. See 2 Humph. 496; 4 Pick. 251; 19 Mo. 377; 12 Wis. 434. CABE. As a legal term, this word means diligence, prudence, discretion, attentiveness, watchfulness, vigilance. It is the opposite of negligence or carelessness. There are three degrees of care in the law, corresponding (inversely) to the three de grees of negligence, viz.: slight care, ordinary care, and great care. Slight care or diligence is such as persons of ordinary prudence usually exercise about their own affairs of slight importance; ordi nary care or diligence is such as they usually exercise about their own affairs of ordinary importance; and great care or diligence is such as they usually exercise about their own affairs of great importance. Civil Code Dak. § 2100. The exact boundaries between the several de grees of care, and their correlative degrees of carelessness, or negligence, are not always clearly defined or easily pointed out. We think, however, that by "ordinary care" is meant that degree of care which may reasonably be expected from a person in the party's situation,—that is, "reasona ble care;" and that "gross negligence" imports not a malicious intention or design to produce a particular injury, but a thoughtless disregard of consequences, the absence, rather than the actual exercise, of volition with reference to results. 23 Conn. 443. Slight care is such as is usually exercised by persons of common sense, but careless habits, un der circumstances similar to those of the particu lar case in which the question arises, and where their own interests are to be protected from a sim ilar injury. Ordinary care is such as is usually exercised in the like circumstances by the majority of the com munity, or by persons of careful and prudent habits. Great care is such as is exercised under such circumstances by persons of unusually careful and prudent habits. Abbott. CABENA. A term used in the old eccle siastical law to denote a period of forty days. CABENCE. In French law- A proces verbal de carence is a document setting out that the huissier attended to issue execution upon a judgment, but found nothing upon which to levy. Arg. Fr. Merc. Law, 547. CABETA, (spelled, also, Carreta and Qa recta.) A cart; a cart-load. CABETOBIUS, or CABECTABIUS. A carter. Blount. CABGA. In Spanish law. An incum brance; a charge. White, New Becop. b. 2, tit. 13, c. 2, § 2.

CAPUT MOBTUUM. A dead head; iead; obsolete. CAPUT POBTUS. In old English law. The head of a port. The town to which a port belongs, and which gives the denomina tion to the port, and is the head of it. Hale de Jure Mar. pt. 2, (de portubus maris,) 8.2. CAPUT, PBINCIPIUM, ET FINIS. The head, beginning, and end. A term ap plied in English law to the king, as head of parliament. 4 Inst. 3; 1 Bl. Comm. 188. CAPUTAGIUM. In old English law. Head or poll money, or the payment of it. Cowell; Blount. CAPUTIUM. In old English law. A oead of land; a headland. Cowell. CABABUS. In old English law. A cind of raft or boat. Spelman. CABAT. A weight of four grains, used •n weighing diamonds. Webster. A weight equal to three and one-sixth grains. Whar son. CABCAN. In French law. An instru ment of punishment, somewhat resembling a pillory. It sometimes signifies the punish ment itself. Biret, Vocab CABCANUM. A gaol; a prison. CABCABE. In old English law. load; to load a vessel; to freight. CABCATUS. Loaded; freighted, as a •hip. CABCEL-AGE. Gaol-dues; prison-fees. CABCEB. A prison or gaol. Strictly, a place of detention and safe-keeping, and not of punishment. Co. Litt. 620. Career ad homines custodiendos, non ad puniendos, dari debet. A prison should be used for keeping persons, not for punish ing them. Co. Litt. 260a. Career non supplicii caus& sed cus todies constitutus. A prison is ordained not for the sake of punishment, but of de tention and guarding. Lofft, 119. CABDINAL. In ecclesiastical law. A dignitary of the court of Rome, next in rank to the pope. CABDS. In criminal law. Small papers or pasteboards of an oblong or rectangular shape, on which are printed figures or points, To

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