CART BOTE. An allowance to the tenant¹ of wood, sufficient for carts and other instruments of husbandry.

CARTE BLANCHE. The signature of an individual or more, on a while. paper, with a sufficient space left above it to write a note or other writing.

2. In the course of business, it not unfrequently occurs that for the sake of convenience, signatures in blank are given with authority to fill them up.. These are binding³ upon the parties. But the blank must be filled up by the very person authorized⁴. 6 Mart. L. R. 707. Vide Ch. on Bills, 702 Penna. R. 200. Vide Blank.

CARTEL,war. An agreement between two belligerent⁵ powers for the delivery of prisoners or deserters, and also a written challenge to a duel⁶.

2. Cartel ship, is a ship commissioned in time of war, to exchange prisoners, or to carry any proposals between hostile powers; she must carry no cargo⁷, ammunitions, or implements⁸ of war, except a single gun for signals. The conduct of ships of this description cannot be too narrowly watched. The service on which they are sent is so highly important to the interests of humanity, that it is peculiarly incumbent⁹ on all parties to take care that it should be conducted in such a manner as not to become a subject of jealousy¹⁰ and distrust between the two nations. 4 Rob. R. 357. Vide Merl. Rep. b. t.; Dane's Ab. c. 40, a. 6, 7; Pet. C. C. R. 106; 3 C. Rob. 141 C. Rob. 336; 1 Dods. R. 60.

CARTMEN. Persons who carry goods and merchandise in carts, either for great or short distances, for hire. 2. Cartmen who undertake to carry goods for hire as a common employment, are common carriers. Story on Bailm. 496; and see 2 Wend. 327 2 N. & M. 88; 1 Murph. 41 7; 2 Bailey, 421 2 Verm. 92; 1 M'Cord, 444; Bac. Ab. Carriers, A.

CASE practice. A contested question before a court of justicea suit or action a cause. 9 Wheat. 738.

CASE, remedies. This is the name of an action in very general use, which lies where a party sues for damages for any wrong or cause of complaint towhich covenant¹¹ or trespass¹² will not lie. Steph. Pl. 153 Wodd. 167 Ham. N. P. 1. Vide Writ² of trespass on the case. In its most comprehensive signification, case includes assumpsit as well as an action in form ex delicto; but when simply mentioned, it is usually understood to mean an action in form ex delicto. 7 T. R. 36. It is a liberal action; Burr, 906, 1011 1 Bl. Rep. 199; bailable¹³ at common law. 2 Barr 927-8; founded on the justice and conscience of the Tiff's case, and is in the nature of a bill in equity¹⁴ 3 Burr, 1353, 1357 and the substance of a count in case is the damage assigned. 1 Bl. Rep. 200.

2. An action on the case lies to recover damages for torts not committed with force actual or implied, or having been occasioned by force, where the matter affected¹⁵ was not tangible¹⁶, or where the injury was not immediate¹⁷ but consequential¹⁸; 11 Mass. 59, 137 1 Yeates, 586; 6 S. & R. 348; 12 S. & R. 210 ; 18 John. 257 19 John. 381; 6 Call, 44; 2 Dana, 378 1 Marsh¹⁹. 194; 2 H. & M. 423; Harper, 113; Coxe, 339; or where the interest in the property was only in reversion. 8 Pick. 235; 7 Conn. 3282 Green, 8 1 John. 511; 3 Hawks²¹, 2462 Murph. 61; 2 N. H. Rep. 430. In these several cases trespass cannot be sustained. 4 T. 11. 489 7 T. R. 9. Case is also the proper remedy for a wrongful act done under legal process regularly issuing from a court of competent jurisdiction²². 2 Conn. 700 11 Mass. 500 6 Greenl. 421; 1 Bailey, 441, 457; 9 Conn. 141; 2 Litt. 234; 3 Conn. 5373 Gill & John. 377. Vide Regular and irregular process.

3. It will be proper to consider, 1. in what cases the action of trespass on the case lies; 2. the pleadings 3. the evidence; 4. the judgment²³.

4. 1. This action lies for injuries, 1. to the absolute rights of persons 2. to the relative rights of persons; 3. to personal property; 4. to real property.

5. - 1. When the injury has been done to the absolute rights of persons by an act not immediate but consequential, as in the case of special damages Irising from a public nuisance Willes, 71 to 74 or where an incumbrance had been placed in a public street, and the plaintiff passing there received an injury; or for a malicious²⁴ prosecution²⁵. See malicious prosecution.

6. - 2. For injuries to the relative rights, as for enticing²⁶ away an infant child, per quod servitium amisit, 4 Litt. 25; for criminal conversation, seducing²⁷ or harboring wives; debauching daughters, but in this case the daughter must live with her father as his servant, see Seduction; or enticing away or harboring apprentices²⁸ or servants. 1 Chit. Pl. 137 2 Chit. Plead. 313, 319. When the seduction takes place in the husband's or father's house, he may, at his election, have trespass or case; 6 Munf. 587; Gilmer, 33but when the injury is done in the house of another, case is the proper remedy. 5 Greenl. 546.

7. - 3. When the injury to personal property is without force and. not immediate, but consequential, or when the plaintiff Is right to it is in reversion, as, where property is injured by a third person while in the hands of a hirer; 3 Camp. 187; 2 Murph. 62; 3 Hawks, 246, case is the proper remedy. 8 East, 693; Ld. Raym. 1399; Str. 634; 1 Chit. Pl. 138.

8. - 4. When the real property which has been injured is corporeal²⁹, and the injury is not immediate but consequential, as for example, putting a spout³⁰ so near the plaintiff's land that the water runs upon it; 1 Chit. Pl. 126, 141; Str. 634; or where the plaintiff's property is only in reversion. When the injury has been done to, incorporeal³¹ rights, as for obstructing³² a private way, or disturbing a party in the use of a pew, or for injury to a franchise³³, as a ferry, and the like, case is the proper remedy. l Chit. Pl. 143.

9. - 2. The declaration in case, technically³⁴ so called, differs from a declaration in trespass, chiefly in this, that in case, it must not, in general, state the injury to have been committed vi et armis; 3 Conn. 64; see 2 Ham. 169; 11 Mass. 57; Coxe, 339; yet after verdict, the words " with force and arms" will, be rejected as surplusage; Harp²⁰. 122; and it ought not to conclude contra pacem. Com. Dig. Action on the Case, C 3. The plea is usually the general issue, not guilty.

l0. - 3. Any matter may, in general, be given in evidence, under the plea of not guilty, except the statute³⁵ of limitations. In cases of slander³⁶ and a few other instances, however, this cannot be done. 1 Saund. 130, n. 1; Wilies, 20. When the plaintiff declares in case, with averments appropriate to that form of action and the evidence shows that the injury was trespass; or when he declares in trespass, and the evidence proves an injury for which case will lie, and not trespass, the defendant³⁷ should be acquitted³⁸ by the jury, or the plaintiff should be nonsuited. 5 Mass. 560; 16 Mass. 451; Coxe, 339; 3 John. 468.

11. - 4. The judgment is, that the plaintiff recover a sum of money, ascertained³⁹ by a jury, for his damages sustained by the committing of the grievances⁴⁰ complained of in the declaration, and costs.

12. In the civil law, an action was given in all cases of nominate contracts, which was always of the same name. But in innominate contracts, which had always the same consideration, but not the same name, there could be no action of the same denomination⁴¹, but an action which arose from the fact, in factum, or an action with a form which arose from the particular circumstance, praescriptis verbis actio. Lec. Elem. 779. Vide, generally, Bouv. Inst. Index, h. t.