Page:Black's Law Dictionary (Second Edition).djvu/180

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CARRIAGE

Kan. 84: Conway v. Jefferson, 46 N. H. 6; Turnpike 00. v. M:1rshaii_ 11 Conn. 190. Cream City R. 00. v. Chicago. etc., R. Co., (3.3 Wis. 93, 23 i\‘. W. 425. 53 Am. Rep. 267; 1511:1135 v. Railroad Co., 47 N. Y. 122, 7 Am. Rep. 418.

The act of carrying, or a contract for traiisportiilion of persons or goods.

The coiilr:i(-t of cm-i'i:ige is a contract for the convoyinui of property. persons, or messages from one place to another. Civ. Code Cal. § 2085; Civ. Code Daik. § 1208.

CARRICLE, or CARRACLE. A ship of great bu.rLle .

CARRIER. One who undertakes to transport persons or property from place to place, by any menus of conveyance, and with or without compensation.

—Gomrnon and private I.-ax-tiers. Carriers are either common or private Private Carriers are persons who I]l)4i[!l'L‘l}ie for the t!‘L|DS- portation in I]. particular instance only, not making it their vorntion, nor holding themselves out to the puhlic us ready to act for nli who desire their -scriiccs. Allen v. Suclirider, 37 N. Y. 34.1. To bring a person within the description of a common carrier, he must exercise it as a public employment; he must undertake to carry goods for persons generuily; and he must hold himself out as ready to transport goods for hire, as a business, not an a casu

ocvnim Lion pro hric vice. Aluxnniler v. Greene. 7 Hill (\T. Y.) 56-1; Bell v. Pidgeon, . J 5 Fed. 634: ‘Wyatt v. Irr. Co.. 1 Colo. . -pp. 480. 29 I‘.-ic. 906 A common carrier may there-tom be defined as one who, by virtue of his calling and as a rs.>:.-'iilur bosiness. undertakes for hire to lriinsprirt poisons or conimodilies from place to place, offering his services to all such as may clionse to employ him and pay his chn r-res. Iron “'orlis v. Iluilhut. 158 N. Y 34. . E. 665. 70 Am. St. Rep. -1132: Dwight v. - ster. 1 Pink (Mass) 53. 11 Am. Dec. 1332 Railroad Co. v. “hits-rhutiv Iiiiltnn (‘n.. 24 Conn. 470: Fuller v. Tirnrllev. 21': Pa. E0: Mc- Diiflee v. Riiilrnud C0.. 52 \' Fl. 4-17. 13 Am. l'top. _: Pit-rlmont I\If;: (‘o. v. Raiiromi (‘o.. 19 S. (‘ 364. By stzitiite in soveriil states it is declnrr-ri that every one who offers to the pub- lic to carry persons. property, or messages. ex- ceptini: only i(‘it’¢!l‘R]'iiiiC messages. is :1 common carrier of whatever he thiis nfiers to l"Fll'l'V. f‘-iv, Code Fnl § 21G8: (‘iv_ Cnrle Mnnt. §‘29'i'0; Rt-v. st. nki. 1003. § 700: Rev. (‘Mrs N- “- mm. § 423.4: (‘iv. (‘orle S. D. 1903. § 1577. Common l‘fll"i'i(-‘X's .-ire of two kinds.—hv land. us owners of stones. stage-wnzons. riiiirond cars. teainstoi-s, cartmon, rlrnymen, and porters: and by watt-r, as owners of ships. steam-hoiits. bar- 29:. Yerrvmen. lizhtermon, and canal hontmen.

2 Kent. Comm. 597.-—Gommon carriers of Qflflfieilfififsu


Common carriers of niissnnsers urn such .-is iiurlt-rtzike for hlre til‘: crérfy all DPT‘

- ' h or assaee.

  • n.“;‘li‘:..'.“i.".‘.'f."'.".“l%‘.’.n‘.’..".i’P_«’AY. §12‘“x$. v..“.=m. 14

s. H3243, 14 ‘A. R. A. 793. -2:) Am. Rt. Pop. -227; iii.-r-iric ('0. v. simnn. 20 Or. fin ‘5 PM 147. 10 L R. A. 27.1 23 Am. St. rm» RH; Richmond v. Southern Pm-. (‘o.. 41 Or. 54. R1 Pnc. 947. 57 L. R. A 316. 93 Am. St. Rep. 694

CARRY. To hear. hesir about, sustain, transport. remove, or convey. —Ciu-r away. In criminal law. The act of reinov or aspurtaliou, by which the crime at iBI'4"Pnv is completed. 'inri which is esseuii-il to constitute it. Coin. v. Aflnnis. " Gray Htuss.) 43, Coin. v. Pratt, 132 Mass. 2-lu; Gettinger

172

CA RTEL

v. Stute, 13 ‘\'el1. 308. 14 N. W. 403.—Cnri-y arms or weapons. To wear. hear, or carry them upon the person or in the clothing or in a pocket, for the purpose of use, or for the piirpose o_E being nrrned and ready for olfensive or defensive notion in case of IL rontlict “ltil rin- olher persnn. State v Carter, 36 " . 89: State v. Roherts. .39 Mo. App. 47' tut-= V. Miirrny. 39 Mo. App. 128; Moorr-field v. Sin». 5 Les (Tenn.) 348; Owen v. State. 31 Ala .90.

arry costs. A verdict is said to cniry costs when the party for whom the verdir-I" is given heconios entitled to the pnyment of his costs as incident to such vei-ilict—Ca1-ry on business. To prosecute or DllI'SliF a 1'|ll'liI.’l‘l' lar avoczition or form of business as a continu- ous and permanent occupation and uuhstantml employment. A single act or business trans- nction is not sufficieut, but the systematic and hahitual repelilion of the some not mnv be. Dry Goods Co. v. Lester. 60 Ark. 120. to s. W. 34, 27 L. R. A. 505. 46 Am. St. Rep. 162; Suite v. TOiD]flU_ 106 La 662. 31 South. 32’. Holmes v. Ilol nes, 40 Conn. 120: Railroad Co. V. Attnllu. 118 Alu. 362. 24 South. 4534'): Territory v. Harris, 8 Mont. 14:0. 19 Pac. 296; SilI1‘—'.‘ViEl' v. Kay, 5 Exch 386; Lawson v. Slate, 551 Ala. 118: Abel v. ...tate, 90 Alu. 623. 8 South. ‘RD: State v. Shipley. 98 Md. 6'17. 57 Atl. 12.—Cn.rry stock. To pruviile tiinris or credit for ils payment for the period agreed upon from the (late of purchase. Snltus v. Genin. 16 N. Y. Super. Ct. 260. And see Pickering V. Deinerrltt_ 100 Mass. 421.


CART. A carriage for luggage or burden, with tivo wheels, as distinguished from a wagon, which has four wheels. The vehicle in which criminals are taken to execution.

This word, in its ordinary rind primary acceptntion, signifies a Czll'I'i go pith two wheels; yet it has nlso a more extended signification, and may mean a carr - go in general. Favers v. Glass, 22 Ala. ‘2-1, 58 Am. Dec. 272..

CART BOT]-2. Wood or timiier which it tenant is allowed by law to take from uu estate, for the purpose of repairing instru- ments, (including necessary vehlcies,) of hus- bzu1d.l'y. 2 Bl. Comm. 351.

CARTA. In old English law. A charter, or deed. Any written iustniinent.

In Spanish law. A letter; a ileed; n pouer of attorney. Las 1'nrt.i(1zis, pt. 3. tit. 18. L 30.

CARTA DE FORESTA. In old English law. The charter of the torest. .\iore conimoniy culled "Cliarta de Fnrcsiu," ((1. 1;.)

CARTE. chart

In French marine law. A

CART]-I BLANCI-‘IE. A White sheet of paper: an insti-iiiuriit signed, but otherwl-n left biank. A sheet given to an agent, with the pl'inClpa1's sigiiutiire appended, to be hil- ed up nlth any contract or enzngenient as the agent may see fit. Ilence, met:iphoricui- ly, unlimited authority.

CARTEL. An agreement between two

hostile puiiers for the iii.-liiery of prisoners