Captures, legal as between belligerents on neutral ground, vi, ch 224. a. 9. 20. (See Neutral.) And captors witnesses, id See Cases of Capture, under the word Seizure. Owner's property is not devested on a piratical capture, s. 75. Rules of damages, s. 76. Where the condemnation must be, s. 77. Recapture of ally's property, 78. Contrabands of war, s. 79. Acts of captors that forfeit their rights, s. 80. Frauds in cases of capture, s. 81. Blockades, s. 82. Acts of agents residing in blockaded ports, s. 83. Resisting the search of neutrals, s. 84. Freights in cases of capture, s. 85. Several cases of joint capture, s. 86. Postliminy, s. 87. Commentaries, under twelve heads, s. 88 &c.

And vi, ch. 186, Admiralty ; ii, ch. 40, Insurance; see those titles. CARDS, playing at, where forbidden, v, ch. 145, s. 4 &c. See Unlawful games, and Gaming.

CAROLINA, British statutes adopted there in the year 1712, a list of them, vi, ch. 196, a. 7.

CARRIAGES, of pleasure, tax on, not a direct tax, iii, ch. 72, a. 3. 2.

CARRIERS, i, ch. 23, a. 1. All persons carrying goods for hire. are common carriers, 1. And bound to carry and deliver, if they have convenience, 1. And such are masters or owners of a ship, a hoy, or stage coach, &c., 2. Is a mixture of contract and negligence, 3, 4, Garside's case. To prevent fraud, are viewed as insurers; liable, except for the act of God, and public enemies, 4, 5, 6. Action may be on contract or tort, id. Govitt v. Radnidge, 8. Coggs v. Barnard, 8.

I, ch. 23, a. 2. In what cases assumpsit lies against carriers. If a carrier enter on the business, and do it negligently, a consideration need not be averred, Coggs v. Bernard, 1. Dale v. Hall, 2; and cases. But a bailor may lose his remedy by fraud, as by concealing the value of the goods sent, Gibbon v. Poynton & al., 1. Now liable only for what he is told of, 4, 5. He insures against robbers and rebels, but not storms, pirates at sea, &c.; and 9.

I, ch. 23, a. 3. When a carrier is not liable. If deceived, nor for inevitable accidents, as a sudden squall, Amies v. Stevens. So if the wine ferment; nor if the bailor keep the goods in a vessel locked up, and does not inform what they are ;-nor a stage coachman who only carries passengers for hire; other cases, 4, 5, 6. He has a lien on the goods for his hire, 7. And may limit his liability by his printed articles, 8; cases. A carrier who warrants the goods to go safe, is liable, though the owner's servant goes in the cart with them, to look after them.

I, ch. 23, a. 4. When the carrier's trust ends. Liable till delivered at the owner's house, 1. And when destroyed by an accidental fire, 1; and Manning's case, 2. Executors of one are liable &c., 3. Bound to give notice in a reasonable time of the goods he brings or receives, 2. Assumpsit against him does not die with him, 3. An embargo only suspends their contract, Hadley v. Clark, 4.

I, ch. 23, a. 5. May have assumpsit for their hire &c. 1. A reasonable hire, Bastard v. Bastard, 2. The owner of the goods must sue the carrier for the loss of them. Who is owner, vendor, or vendee; and several cases, 4.

I, ch. 23, a. 6. Manner of declaring;-cases. May be on contract or tort. Custom of the land &c. is noticed by the court ex officio; cases &c., 1 to 4.

I, ch. 23, a. 7. Cases in the United States. See i, ch. 21, where the master of a vessel, a carrier, was not held responsible for the good order and condition of the goods on his bill of lading. See also Lien. Master &c. of vessels liable as carrier, a. 7. 1. Other cases, 2 &c.

I, ch. 23, a. 8. Several rules and cases. Acts of God, 1. Unavoidable accidents or events human prudence cannot prevent, as storms &c., 1. Carrier not liable if the owner misinform as to the value, 2. Nor if the passenger carries more than is allowed, 2. He cannot divide his contract unless by a settled usage, 3. Owners of vessels liable for the acts of their master, though they post notice to the contrary, 4. When the carrier has carried the goods the whole distance, his responsibility is at an end, 5. Enough his vessel &c. be adequate to perform the voyage &c., 6.

I, ch. 23, a. 9. The common carrier is not liable unless contracted with as such.

CARTEL SHIPS, cannot trade with enemies, ii, ch. 40, a. 6. 7.

CASE, the action of, on torts, ii, ch. 58 to 79. Ch. 58, a. 1. General principles. Nature of, how varied, 1. But three ways in which a man can be liable to an action: 1. On his contract: 2. For some tortious act done by himself or servant: 3. Some law specially gives an action, 2. Tortious acts,-these are negligences, malfeasances. and misfeasances, 3. How named, 6. Case lies for a tort only when there is damnum cum injuria, 8. For disturbing one in a parish office, 9. Where a statute creates a right and a remedy, no action lies at common law, 10.

II, ch. 58, a. 2. Trespass on the case. Lies for wrongs without force, 1. Is founded on the mere justice of the case, 2. Lies for false affirmation, or cheating, and every invasion of right, 3. For every duty neglected imposed by statute, 3. Against a cooper for neglect of duty in a voyage, 4. And for every injury by another's neglect, not entirely without fault, 4. Weaver v. Ward & al., 4;

and 5; cases. But the neglect of one's servant, 6. For whipping a horse &c., 7. So if one lay logs in the road, 8. For a common surgeon's neglect, 9. For negligently running down the plt's. boat, 10. Not if mutual negligence in both vessels, 11. Not for suffering deft. to be arrested after the debt was paid, 12. Lies for negligently keeping goods found, 13. For negligently moving a hogshead of brandy, 14. So of treacle, 15. For impeding a voyage,

For

16. For letting filth into the plt's. cellar, 17. For not repairing fences, 18. For firing at wild ducks in the plt's. land, 19. driving away his scholars, 20. For illegally detaining his goods, 21. How for mischief done by one's dog, bull, &c., 22. Case of two innocent persons, and one trusts a third person, 23. Must be damnum cum injuria, 24. Not for common nusance without a particular injury, 25. Lies for every right by statute, 26. Not against one acting judicially, 27. Lies for representing a tavern to be a bawdy-house, falsely, 28. So for maliciously preventing wild ducks coming to the plt's. decoy pond, 29. For deft's. servant driving against the plt's. chaise carelessly, 30.

II, ch. 58, a. 3. Where case,-where trespass lies ;-nice distinctions, 1. Not for an illegal assessment; but case amended to trespass, 2. Case lies for firing at the plt's. master of his vessel &c., 3. Plt's. damage consequential, 3. For an act itself lawful, as deft's. putting up a spout on his own land, followed by an injury to the plt., 4. If an immediate injury, trespass, 5. Case for fraudulent use of a hired horse, 5. Trespass for an injury to a mine, 6. Where by a cestui que trust in possession, 6. Trespass for deft's. furiously driving against the pit's chaise, 7. Several of these cases, as Savignac v. Rome, 8. Moseley v. Gainsford; Brucker v. Fromont, 11. Leame v. Bray, 13. M'Manus v. Crickett, 13. Including servant's case. Trespass for wilfully rowing against the plt's. net &c., 10. Case for deft's. master negligently running his vessel against the plt's., 14. The true distinction, 16. Pearson v. Little, remarked on, 17. Case for bailee against the bailor for taking away too soon the thing bailed, 18. Trespass against a justice for arresting one illegally, 19. Case for drawing away the plt's. water by trenches dug in deft's. land, 21, 22. Issue and evidence, 23. Case and trespass cannot be joined, 24. Reasons, 24. Trespass for an officer's serving an execution after expired, 25. Another ground of distinction between case and trespass, 26. Case where the pit's goods were attached on a writ abated, 27. A claims a right in a pump in B's land, how to demand and sue, 28.

CASE, action of, on torts, ii, ch. 59. Against one for the acts of his agents, apprentices, and servants; or agent and principal.

II, ch. 59, a. 1 The general rule is, that the principal is answerable for the conduct of his agents. Rule facit per alium, facit per se. See Agents, and Assessors. See there the rest of this, ii, ch. 59. CASE, action of, on torts, ii, ch. 60. As to bastard children. See Bastards, and the other proper heads,-these matters, ch. 60 to 79.

ii, ch. 61. As to copy-rights. See Copy-Righs.

ii, ch. 62. As to deceits. See Deceits.

-, ii, ch. 63. As to defamation and libels. See Defamation and Libels.

ii, ch. 64. As to disturbance &c. See Disturbance &c.

CASE, action of, on torts, ii, ch. 65. As escapes, rescues, &c.

See Escapes &c.

ii, ch. 66. As to fences. See Fences.

ii, ch. 67.

ii, ch. 68.

eries &e.

ii, ch. 69. -, ii, ch. 70. head.

As to ferries. See Ferries.

As to fisheries, flats, and rivers. See Fish

As to lands. See Lands.

As to malicious prosecution. See this

iii, ch. 71. As to mills, lands flowed, watering places, &c. See Mills, Lands flowed, Watering places, &c. iii, ch. 72. As to misfeasance and malfeasance. See Misfeasance and Malfeasance.

iii, ch. 73.

iii, ch. 74. -, iii, ch. 75.

As to negligence. See Negligence.
As to nusances. See Nusances.
As to officers and offices. See Officers and

As to property special. See Property

As to trover. See Trover.
As to waste. See Waste.
As to ways. See Ways.

137, a. 4. 7 &c. Error does not lie

CASTING VOTE. Chase's case, vii, ch. 222.

CASTLES; a man's house is his castle. See Arrests. One may assemble his friends &c. to defend it against violence; but only for his family, ii, ch. 65, a. 11. 7.

CASUAL EJECTOR, see Ejectment, vi. ch. 178, a. 14 &c. CASUALTY, see Crime, also Chance, v, ch. 139, a. 2. Accidents and acts of God. See Rent.

CASU CONSIMILI. A writ of entry where tenant by the curtesy, or for life, aliens in fee, or tail, or for another's life, iv, ch. 129, a. 1. 8; iv, ch. 130. a. 3. 27.

CASU PROVISO. Writ of entry where tenant in dower aliens as above; and lies for him in reversion in fee &c. See Dower, iv, ch. 130, a. 4.

CATTLE, see Replevin and Damage Feasant. keeps them negligently, case lies, iii, ch. 73, a. 1. how impounded, v, ch. 148, a. 11.7.

IV, ch. 104, a. 4. 8, my cattle on land do not

session.

If my servant Going at large,

keep my pos

CATHOLICS. Statutes in England against superstitious donations, seem to be against Catholic donations only, iv, ch. 114, a. 12; cases. Adopted in part here.

CAVALRY, see Militia.

CAVEAT, vii, ch. 223, a. 15. 2. In Kentucky either party enters it, vii, ch. 223, a. 8. 22.

CAVEAT EMPTOR, an ancient law maxim, iv, ch. 115, a. 2, 8. Error lies on a caveat, vii, ch. 223, a. 15. 2; i, ch. 32, a. 13. 21; iii, ch. 96, a. 4. 5. Ouly real estate, iv, ch. 117, a. 32.

CAUSES OF ACTION, release of, v, ch. 167. See Releases. CAUTION, see Admiralty.

CEPI CORPUS, see Escape, ii, ch. 65; and Habeas Corpus &c.

CEPIT IN ALIO LOCO, see Replevin, v, ch. 171, a. 9. CERTIORARI, v, ch. 137, cases in which certiorari is connected with the writ of error.

V, ch. 138, a. 1. General Principles. Its twofold office in one it merely accompanies the writ of error; see Error. In the other it issues where error does not lie, 1; that is, when the proceedings are not according to the course of the common law; and in this is the ground of the proceedings, 1. First brings up the record, 1. Certiorari is not of right, 2. If unadvisedly issued If unadvisedly issued may be superseded, 3. Special ground must be stated for one, 4. To what court, 5, 6. How to remove indictments, 7. This, and not error, lies on our fish acts, highway acts, militia acts, and act as to bastards, 8, 9, 10. No costs where error in law, 9. The State may demand this writ; must be granted in open court, 11. Where not discretionary, 12. Lies to affirm a judgment, 13.

V, ch. 138, a. 2. Where certiorari lies or not, 1. Lies in any stage of the cause, 1. Where error or certiorari the principle, 1. Lies to remove the sheriff's private inquisitions, 2. To all inferior courts, 2. To the college of physicians; to private persons charged to repair a bridge, 3. At discretion as to a justice's doings, 4. Lies for the State as to nusances in ways, 5. When to issue, 6. Generally none if an appeal lies, 7.

V, ch. 138, a. 3. Essential parts of writs of error, of certiorari, and alias certiorari, 1. First step is a motion for it, where error is a supersedeas, 1. Motion for leave to sue a writ of error in the Federal court, 2, 3. Proceedings and form, id. Alias certiorari, 4. Forms, 4. Plt. may sue out a writ of error as any other, 5. Old Sessions' records, where found, 6. Record below to be exainined before certiorari goes, 7. No costs on affirmance on certiorari, 8; of course, 9. What is removed by certiorari, 10. Execution begun before certiorari issued, 11.

V, ch. 138, a. 4. cases, 1 to 11.

V, ch. 138, a. 5.

V, ch. 138, a. 6. sidered and examined II, ch. 60, a. 3. wealth v. Cole, 6.

Proceedings in certiorari; several rules and

Procedendo in several cases of certiorari.
Some few points in error and certiorari con-
under six heads; a. 7, in Virginia.
Issues on our statute as to bastards; Common-