Page:Black's Law Dictionary (Second Edition).djvu/178

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CAPUT

CAPUT. A head; the head of a person; the whole person; the life or a person; one‘s personality: status; civil condition.

At common law. A head.

Cazmt covniratis, the head or the county: the sheriff; the king. Spelinnn.

A person; a life. The upper part 01', a town. Cowell. A castle. Si1€l-'-U=1D-

In the civil law. It signified a person's

civil condition or status, niir] aniong the R0- tn.-ms coiisisted of three coiupnneiit parts or r-innients,—libertiix. iilierty; ciritos. citizenship; and faniilia. fauiily. — apitis mntinmtio. In Saxon law. The estimation or value of the him]. that is, the price or value of a man's life.—Capnt anni. The lirst day of the ycai‘.—Capnt ‘baronim. The c stle nr chief seat of a barnn.—Ca_pul: jejun Tiie beginning of the Lent fast. I. 9., Ash Wediies<lay.—Caput loci. The bond or upper part of a place.—Cn.pi:t lupimuu. in old English law. A wolf's head. An outlawed felon was said to be oixput lupinuni. nnd might be knocked on the hr-ail, like a ivoif.—Cnput mortuum. A dead bend; dead; lets.- Capul: poi-his. In old English law. The head of a port. The town to which a part be- longs, and which gives the denomination to the port, and is the hand of it Halo do Jiire Miir. pt. 2, (‘la p01‘fllrlJllR mcirfis.) c. 2.—Cs-rat. prin- oipiiun, at finis. The head, he-ginning, and end. A term amiliid in Eng law tn the king, agqhead of pai'iiai:nent. 4 Inst, 3; 1 Bl. Comm. 1 _.

o .

CAPUTAGIUM. in old English law. Head or puli money, or the payment of it. Cowell; Blount.

CAPUTIUM. In old English law. A head of land; a heailiaud. Cowell. CARABUS. A kind of wit or boat.

In old English law. Speiman.

CARAT. A measure of weight for di.imoiids and other precious stones, equivalent to three and one-sixth grains Troy, though divided by jewelers into four parts calied “di:iinund grains.” Also a stand.-ii-d of flue- ness of gold. twenty-four carats being con- ventionally talieii as expressing absolute purity, and the proportion of gold to alloy in a mixture being represented as so many carats.

CARCAN. In French law. An instru- ment of punishment, somewhat resembling a piliory. It sometimes signifies the punish- ineiit itself. Biret, Vocab.

CARCANUM. A gaoi: :1 prison.

CARCARE. In old English load; to load a vessel ; to ti-eight.

liiw. To

CARCATUS. ship.

Loaded: frelghted, as a

CARCEL-AGE.}} Gaoi-dues: prison-fees.

170

GARE

CARCI'-73" A Drlson or gaol. Strictly, I place of detention and siife-keeping, and not of punishment. Co. Litt. 620.

Career ad homines custodiendos, non ad piiniendoa, dzu-i debet. A prison should P9 used for keeping persons, not for punish- IDE Chem. Co. Litt. 26041..

Career non‘ snpplicii cans?) led clutndiaa constituting. A prison is ordained not for the sake of punishment, but of Lie tention and guarding. Lofft. 119.

‘CARDINAL. In ecclesiastical law. A digiiitiiry of the court at Rome, next in rank to the pope.

CARDS. In criminal law. Smnli papers or piistebozirds of iiu oblong or rectaiigi"ir shame, on which are printed figures or points used in playing LE1 tum games. See Estes v. State, 2 Huinpli. (Tenn) 496: Commonwealth v. Arnold, 4 Pick. (Mass) 51; State V. Llerrytord, 19 lilo. 377; State v. Lewis, 12 Wis. 434.

CARE. As a legal term, this word meaiis diligence, prudence. discretion, attentiveness. watchfulness, vmiiauce It is the opposite of negligence or cnreiessness.

There are three degrees of care in the law, corresponding (in\ersel_v) to the three de- grees of negligence, i-iz.: slight (are, ordinary care, and great care.

The exact boundaries between the several dc- grces of care, and lheir correlative degrees of Farelessness, or negligence, are not always clear- ly defined or easily pointed out. We think. however, that h_v “ortliunry care" is meant that degree of care which may reasnnahly be expected from a person in the party's situatio thiit is, “reasonable care:" and that "_-.:i'nss negli'.'cuce" imports not a malicious intention or iiesign to produce a particular injury. hot :1 thoughtless disregard of ronseqiiem-es, the ab- sence. rather than the actual exercise, of volition with reference to results. Neal v. Gilleti. 23 (‘onu. 4-13

Slight care is such ne persons of orrllniiry

prudence - ally exercise ahnirt their own at- fnirs of sl t impormuw ev. (‘odes v. D 1899, § 51 Rev. St. Okl. 1903. § 27 .. Or

it is that degree of care which a person exer- cises aiiniit his own concerns, though he may be a person of less than common prudence or of careless itud inattentive disposition. Litch- flcld v. “Waite. 7 N Y. 4-12. 57 Am. Dec. 53 : Bank v. Guilmnrtiu. 93 Ga. 503. 21 S. E. fin, 44 Au]. St. Rcp. 182.

Orriinarv cure is that degree of care which persons of ordinary care and prudence are nc- eustomed to use and employ. under the same or similar circiimstances. in order to conduct the enterprise in which they are engaged to a safe and successful termination Vin! tine rc- gard to the rights of others and the objects to he accomplished. Giinn v. Rziilroaii Cn.. 3fi W. Vii. 165. 14 S. E. 465. 32 Am. St. Rep. Sullivan v. Scripture. 3 Allen Glass.) 566; Osborn v. Woodford. 31 Kan. 290, 1 Par. 549: Railroad Co. v. Terry, S Ohio St. 570: Railroad 00. v. l\rCoy. 81 K_V. 403: Ilailroml Co. v. Howard, 79 Ga. 44. 3 S. E. 426: Pmicn v. Van Blarcom. 100 Mo. App. 135, 74 S. Vi’. 124.

Great care is such as persons of orrlinarv

prudence usually exercise about afiairs of their