KFLCC Kingdom Law 2nd Ed.

171

CARE

CARRIAGE.

CARIAGIUM. In old English law. Car riage; the carrying of goods or other things for the king.

own which are of great importance; or it is that degree of care usually bestowed upon the matter in hand by the most competent, prudent, and careful persons having to do with the par ticular subject. Railway Co. v. Rollins, 5 Kan. 180; Litchfield v. White, 7 N. Y. 442, 57 Am. Dec. 534; Railway Co. v. Smith, 87 Tex. 348, 28 S. W. 520; Telegraph Co. v. Cook, 61 Fed. 628, 9 C. C. A. 680. Reasonable care is such a degree of care, precaution, or diligence as may fairly and properly be expected or required, having regard to the nature of the action, or of the subject matter, and the circumstances surrounding the transaction. "Reasonable care and skill" is a relative phrase, and, in its application as a rule or measure of duty, will vary in its require ments, according to the circumstances under which the care and skill are to be exerted. See Johnson v. Hudson River R. Co. 6 Duer (N. Y.) 646; Cunningham v. Hall, 4 Allen (Mass.) 276; Dexter v. McOready, 54 Conn. 171, 5 Atl. 855; Appel v. Baton & Price Co., 97 Mo. App. 428, 71 S. W. 741; Illinois Cent. R. Co. v. Noble, 142 111. 578, 32 N. E 684. CABENA. A term used in the old eccle siastical law to denote a period of forty days. In French law. Lack of as sets ; insolvency. A proc&s-verbal de carence is a document setting out that the hwissier attended to issue execution upon a judgment, but found nothing upon which to levy. Arg. Fr. Merc. Law, 547. CARETA, (spelled, also, Carreta and Car recta.) A cart; a cart-load. CARETORIUS, or CARECTARIUS. A carter. Blount CAB6A. In Spanish law. An incum brance; a charge. White, New Recop. b. 2, tit. 13, c. 2, § 2. CABENCE. CARGO. In mercantile law. The load or lading of a vessel; goods and merchandise put on board a ship to be carried to a cer tain port. The lading or freight of a ship; the goods, merchandise, or whatever is conveyed in a ship or other merchant vessel. Seamans v. Loring, 21 Fed. Cas. 920; Wolcott v. Insur ance Co., 4 Pick. (Mass) 429, Macy v. In surance Co., 9 Mete. (Mass.) 366; Thwing v. Insurance Co., 103 Mass. 401, 4 Am. Rep. 567. A cargo is the loading of a ship or other ves sel, the bulk of which is to be ascertained from the capacity of the ship or vessel. The word embraces all that the vessel is capable of carrying. Flanagan v. Demarest, 3 Rob. (N. Y.) 173. The term may be applied in such a sense as to include passengers, as well as freight, but in a technical sense it designates goods only. CARGAISON. In French commercial law. Cargo; lading. CARGARE. In old English law. To charge. Spelman.

CARISTIA.

Dearth, scarcity, dearness.

Cowell.

CARK. In old English law. A quantity of wool, whereof thirty make a sarplar. (The latter is equal to 2,240 pounds in weight.) St 27 Hen. VI. c 2. Jacob. Life and annuity tables, compiled at Carlisle, England, about 1780. Used by actuaries, eta Liter ally, a verse or song. A formula or form of words used on various occasions, as of di vorce. Tayl. Civil Law, 349. The act of a man in having sexual bodily connection with a woman. Carnal knowledge and sexual intercourse held equivalent expressions. Noble v. State, 22 Ohio St. 541. From very early times, in the law, as in common, speech, the meaning of the words "carnal knowledge" of a woman by a man has been sexual bodily connection; and these words, without more, have been used in that sense by writers of the highest authority on criminal law, when undertaking to give a full and pre cise definition of the crime of rape, the high est crime of this character. Com. v. Squires, 97 Mass. 61. carnally knew. Technical words in indictments for rape, and held essential. 1 Hale, P. O. 637 639. A technical phrase essential in an indictment to charge the defendant with the crime of rape. CARNO. In old English law. An im munity or privilege. Cowell. CARLISLE TABLES. CARMEN. In the Roman law. CARNAL. Of the body; relating to the body; fleshly; sexual. —Carnal knowledge. CARNALITER. In old criminal law. Carnally. Carnaliter cognovit, CARNALLY KNEW. In pleading. CAROOME. In English law. A license by the lord mayor of London to keep a cart CARPEMEALS. Cloth made In the northern parts of England, of a coarse kind, mentioned in 7 Jac. I. c. 16. Jacob. A car riage-way; the right of a carriage-way. Las iPartidas, pt 3, tit 31, 1. 3. A vehicle used for the transportation of persons either for pleasure or business, and drawn by horses or other draught animals over the ordinary streets and highways of the country; not including cars used exclusively upon railroads or street railroads expressly constructed for the use of such cars. Snyder v. North Lawrence, 8 CARRERA. In Spanish law. CARRIAGE.