CARGO1, mar2. law. The entire load of a ship or other vessel3. Abb. on Sh. Index, h. t.; 1 Dall. 197; Merl. Rep. h. t.; 2 Gill & John. 136. This term is usually applied4 to goods only, and does not include human beings. 1 Phill. Ins. 185; 4 Pick. 429. But in a more extensive and less technical sense, it includes persons; thus we say a cargo of emigrants5. See 7 Mann. Gr. 729, 744.
CARNAL KNOWLEDGE, crim. law. This phrase is used to signify a sexual connexion; as, rape6 is the carnal knowledge of a woman, &c. See Rape.
CARNALLY KNEW, pleadings. This is a technical phrase, essential in an indictment7 to charge the defendant8 with the crime of rape; no other word or circumlocution9 will answer the same purpose as these word's. Vide Ravished, and Bac. Ab. Indictment, G 1; Com. Dig. Indictment, G 6; 1 Hale, 632; 3 Inst. 60; Co. Litt. 137; ) 1 Chit. Cr. Law, *243. It has been doubted whether these words were indispensible. 1 East, P. C. 448. But it would be unsafe to omit them.
CARRIERS, contracts. There are two kinds of carriers, namely, common carriers, (q. v.) who have been considered under another head; and private carriers. These latter are persons who, although they do not undertake to transport the goods of such as choose to employ them, yet agree to carry the goods of some particular person for hire, from one place to another.
2. In such case the carrier incurs10 no responsibility beyond that of any other ordinary bailee for hire, that is to say, the responsibility of ordinary diligence. 2 Bos. & Pull. 417; 4 Taunt11. 787; Selw. N. P. 382 n.; 1 Wend. R. 272; 1 Hayw. R. 14; 2 Dana, R. 430; 6 Taunt. 577; Jones, Bailm. 121; Story on Bailm, 495. But in Gordon v. Hutchinson, 1 Watts12 & Serg. 285, it was holden that a Wagoner Who carries goods for hire, contracts,the responsibility of a common carrier, whether transportation be his principal and direct business, or only an occasional and incidental employment.
3. To bring a person within the description of a common carrier, he must exercise his business as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business; not as a casual occupation pro14 hac vice15. 1 Salk. 249; 1 Bell's Com. 467; 1 Hayw. R. 14; 1 Wend. 272; 2, Dana, R. 430. See Bouv. Inst. Index, b. t.
CARRYING AWAY, crim. law. To complete the crime of larceny16, the thief must not only feloniously tale the thing stolen, but carry it away. The slightest carrying away will be sufficient; thus to snatch a diamond from a lady's ear, which is instantly dropped among the curls of her hair. 1 Leach17, 320. To remove sheets from a bed and carry them into an adjoining room. 1 Leach, 222 n. To take plate from a trunk, and lay it on the floor with intent to carry it away. Ib. And to remove a package from one part of a wagon13 to another, with a view to steal it; 1 Leach, 286; have respectively been holden to be felonies. 2 Chit. Cr. Law, 919. Vide 3 Inst. 108, 109 1 Hale, 507; Kel. 31 Ry. & Moody18, 14 Bac. Ab. Felony, D 4 Bl. Com. 231 Hawk19. c.32, s. 25. Where, however, there has not been a complete severance20 of the possession, it is not a complete carrying away. 2 East, P. C. 556; 1 Hale, 508; 2 Russ. on Cr. 96. Vide Invito Domino; Larceny; Robbery; Taking.
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