KFLCC Kingdom Law 2nd Ed.

172

CARRIAGE

CARTEL

Kan. 84; Conway v. Jefferson, 46 N. H. 526; Turnpike Co. v. Marshall, 11 Conn. 190; Cream City R. Co. v. Chicago, etc., R. Co., 63 Wis. 93, 23 N. W. 425, 53 Am. Rep. 267; Isaacs v. Railroad Co., 47 N. Y. 122, 7 Am. Rep. 418. The act of carrying, or a contract for transportation of persons or goods. The contract of carriage is a contract for the conveyance of property, persons, or mes sages from one place to another. Civ. Code Cal. § 2085; Civ. Code Dak. § 1208. CARRICLE, or CARRACLE. A ship of great burden. One who undertakes to transport persons or property from place to place, by any means of conveyance, and with or without compensation. —Common and pr ivate carriers. Carriers are either common or private. Private car riers are persons who undertake for the trans portation in a particular instance only, not making it their vocation, nor holding themselves out to the public as ready to act for all who desire their services. Allen v. Sackrider, 37 N. Y. 341. To bring a person within the de scription of a common carrier, he must exercise it as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to transport goods for hire, as a business, not as a casual occupation, pro h&c vice. Alexander v. Greene, 7 Hill (N. Y.) 564; Bell v. Pidgeon, (D. C.) 5 Fed. 634; Wyatt v. Irr. Co., 1 Colo. App. 480, 29 Pac. 906. A common carrier may therefore be defined as one who, by virtue of his calling and as a regular business, undertakes for hire to transport persons or commodities from place to place, offering his services to all such as may choose to employ him and pay his charges. Iron Works v. Hurlbut, 158 N. Y. 34, 52 N. E. 665, 70 Am. St. Rep. 432; Dwighfv. Brew ster, 1 Pick. (Mass.) 53, 11 Am. Dec. 133; Railroad Co. v. Waterbury Button Co., 24 Conn. 479: Fuller v. Bradley, 25 Pa. 120; Mc Duffee v. Railroad Co., 52 N. H. 447, 13 Am. Rep. 72; Piedmont Mfg. Co v Railroad Co., 19 S. C. 364. By statute in several states it is declared that every one who offers to the pub lic to carry persons, property, or messages, ex cepting only telegraphic messages, is a common carrier of whatever he thus offers to carry. Civ. Code Cal. $ 2168: Civ Code Mont § 2870; Rev. St. Okl 1903, $ 700; Rev. Codes N I>. 1899, § 4224; Civ. Code S D 1903, § 1577. Commoni carriers are of two kinds,—by land, as owners of stages, stage-wagons, railroad cars, teamsters, cartmen, draymen, and porters; and by water, as owners of ships, steam-boats, bar ges, ferrymen, lightermen, and canal boatmen. 2 Kent, Oomm. 597.—Common carriers of passengers. Commoni carriers of passengers are such as undertake for hire to carry all per sons indifferently who may anplv for passage. Gillingham v. Railroad Co.. 35 W. Va. 588 14 S E 243, 14 L. R. A. 798 29 Am. St. Rep. 827; Electric Co. v. Simon, 20 Or 60 25 Pac. 147. 10 I* R. A. 251, 23 Am. St. Rep 86: Richmond v. Southern Pac Co., 41 Or. 54 67 Pac. 947, 57 L. R, A. 616, 93 Am. St. Rep. 694. CARR I ER . transport, remove, or convey. —Carry away. In criminal law. The act of removal or asportation, by which the crime of larceny is completed, and which is essential to constitute it. Com. v. Adams, 7 Gray (Mass.) 45; Com. v. Pratt, 132 Mass. 246; Gettinger CARRY. To bear, bear about, sustain,

v. State, 13 Neb. 308, 14 N. W. 403.— Carry arms or weapons. To wear, bear, or carry them upon the person or in the clothing or in a pocket, for the purpose of use, or for the pur pose of being armed and ready for offensive or defensive action in case of a conflict with an other person. State v. Carter, 36 Tex. 89; State v. Roberts, 39 Mo. App. 47; State v. Murray, 39 Mo. App. 128; Moorefield v. State, 5 Lea (Tenn.) 348; Owen v. State, 31 Ala. 389. —Carry costs. A verdict is said to carry costs when the party for whom the verdict is given becomes entitled to the payment of hi* costs as incident to such verdict.— Carry on business. To prosecute or pursue a particu lar avocation or form of business as a continu ous and permanent occupation and substantial employment A single act or business trans action is not sufficient, but the systematic and habitual repetition of the same act may be. Dry Goods Co. v. Lester, 60 Ark. 120, 29 S. W. 34, 27 L. R, A. 505, 46 Am. St. Rep. 162; State v. Tolman. 106 La. 662, 31 South. 320; Holmes v. Holmes, 40 Conn. 120; Railroad Co. v. Attalla, 118 Ala. 362, 24 South. 450; Terri tory v. Harris, 8 Mont. 140, 19 Pac. 286; Sangster v. Kay, 5 Exch. 386; Lawson v. State, 55 Ala. 118; Abel v. State, 90 Ala. 633, 8 South. 760; State v. Shipley, 98 Md. 657, 57 Atl. 12.— Carry stock. To provide funds or credit for its payment for the period agreed up on from the date of purchase. Saltus v. Genin, 16 N. Y. Super. Ct. 260. And see Pickering v. Demerritt, 100 Mass. 421. A carriage for luggage or burden, with two wheels, as distinguished from a wagon, which has four wheels. The vehicle In which criminals are taken to execution. This word, in its ordinary and primary ac ceptation, signifies a carriage with two wheels; yet it has also a more extended sig nification, and may mean a carriage in gen eral. Favers v. Glass, 22 Ala. 624, 58 Am. Dec. 272. Wood or timber which a tenant is allowed by law to take from an es tate, for the purpose of repairing instru ments, (including necessary vehicles,) of hus bandry. 2 Bl. Comm. 35. ter, or deed. Any written instrument. In Spanish law. A letter; a deed; a power of attorney. Las Partidas, pt. 3, tit. 18, L 30. In old English law. The charter of the forest. More com monly called "Charta de Foresta," (q. v.) CART. CART BOTE. CARTA. In old English law. A char CARTA DE FORESTA.

CARTE.

In French marine law.

A

chart.

CARTE BLANCHE. A white sheet of paper; an instrument signed, but otherwise left blank. A sheet given to an agent, with the principal's signature appended, to be fill ed up with any contract or engagement as the agent may see fit. Hence, metaphorical ly, unlimited authority.

CARTEL. An agreement between two hostile powers for the delivery of prisoners