t-\o CAR 
If a carrier is robbed, he fhajl be liable for the lofs; not 
on the ground that he may charge the hundred under the 
{latute of Wincliftter, but becaufe if it were otherwife 
lie might, by coilulion wish robbers, defraud tlie owner 
of the goods ; and fo in other cafes, where the grounds 
are tiie tame, i Rcl. Ab. 33S. 1' Sizlk. 143. But it a carrier 
be robbed of goods, either he or the owner may bring an 
alt ion againft the hundred, to make it good, 2 Sound. 380. 
Where, in the cafe of a thkfter of a (hip, it appeared there 
was a fuflicient crew for the (hip, but that at night eleven 
p.erfons boarded the (hip, as pirates, under pretence of 
prefling, and plundered her of the goods, it was adjudged 
the matter (the (hip being infra corpus comilatus) was liable, 
for fuperior force dial 1 not excufe him. Morft v. Slue, 
j Vent. 109. 2 Lev. 69. 1 Med. 85. Barclay v. Higgins, 
E. 24 Geo. 3 ; cited 1 Term Rep. 33. 
In an aftion againit a carrier, for negligently carrying a 
pipe of wine, which by that means burft, and the wine 
was fpiit, it was good evidence for the defendant that the 
lofs happened while he was driving gently, and arofe from 
the wine being in a ferment ; fo that the lofs was occafion- 
ed by its being,lent in that date. Bull. N. P. 74. So if a 
carrier’s waggon is full,, and yet a perfon forces goods on 
him, and they are loft, the carrier is not liable. Lovertv. 
Hobbs, 2 S/tow. 127. But the following exemptions by fta- 
tute have been found necellary for the fecurity of owners 
of fliips. 
By (tat. 7 Geo. II.c. 15, no owners of any (hip dial! be 
liable to anfwer any lofs, by reafon of embezzlement by 
the mafleror mariners, of any goods (hipped on-board, or 
for any aft done by the matter or mariners, without the 
owner’s privity, beyond the value of the fhip and freight. 
Bv flat. 26 Geo. III. c. 86, no owners of any (hip (hall be 
fubjeft to make good any lofs by reafon of any robbery, 
embezzlement, fecreting or making away with any gold, 
(ilver, jewels, diamonds, precious (tones or other goods 
from on-board ; or for any act or forfeiture done or ocea- 
fioned without the knowledge of fuch owner, beyond the 
value of the fhip and freight, although the mafter or ma¬ 
riners (hall not be concerned in, or privy to, fuch robbery, 
Sc c. Thefe afts do not impeach any remedy for fraudu¬ 
lent embezzlement, and if feveral proprietors or freigh¬ 
ters fuftain fuch lofs, and the value.of the (hip and freight 
is not fuflicient to make full compenfation, the lofs (hall 
be averaged amongft them. No owner (hall be fubjeft to 
anfwer for lofs happening by lire 011-board, (hip. Jl. 26 
Geo. III. c. 86. No mafter or owner (hall be fubjeft to 
anfwer for any lofs of gold, ftlver, diamonds, &c. by rea¬ 
fon of any robbery, See. unlefs the fhipper of fuch goods 
infert the true nature, quality, and value, of the gold, &c. 
in his bills of lading. Jl. 26 Geo. III. c. 86. Previous to 
this laft ftatute it was determined, that the owner of a fhip 
■was not liable beyond the value of the (hip and freight, 
under (lat. 7 Geo. II. c. 13, in the cafe of a robbery (of 
dollars) in which one of the mariners was concerned, by 
.giving intelligence, and afterwards (haring the fpoil ; Sut¬ 
ton v. Mitchell, 1 Term Rep. 18 ; where it was faid, the 
(latutewas made to protect tire owners againft all treachery 
in the mafter or mariners. 
in order to charge the carrier, thefe circumftances are 
to be obferved : The goods mud be loft while in the pof- 
feftion of the carrier himfelf, or in his foie care. There¬ 
fore where the plaintiffs, the Eaft-India Company, fent 
their fervants with the goods in queftion on board the vef- 
fel, who took charge of them, and they were loft, de¬ 
fendant was held not to be liable. 1 Stra. 690. The car¬ 
rier is liable only fo far as lie is paid, for he is chargeable 
by reafon of his reward. A perfon delivered fo a carrier’s 
book-keeper two bags of money fealed up, to be carried 
from London to Exeter, and told him that it was 200I. 
and took his receipt for the fame, with promife of deli¬ 
very for 10s. per cent, carriage and rifque; though it be 
proved that there was 400k m the bags, if the carrier be 
robbed he (hall anfwer only for 200I. becaufe there was a 
particular undertaking for the carriage of that (urn and 
4 
CAR 
no more, and His reward, which makes him anfwerable, 
extends no farther. Cart/i. 4,8,6.', 
Under a general acceptance a carrier is bound for what¬ 
ever he receives. As if a carrier afks what is in a box, 
and is told (ilk ; if it be money, and is loft, the carrier is 
liable, unlefs lie made a fuecial accept;'.nee. Drinkivater 
v. Quenncl, Trin. n. G. z.C.B. But tinder a fpecial or 
qualified acceptance, he is bound no farther than lie un¬ 
dertakes. For where the owner of a (lage-coach or wag¬ 
gon, puts out an advertisement, “ That he would not be 
anfwerable for money, plate, or jewels, above the value 
of 5I. unlefs he had notice, and was paid accordingly 
all goods received by that coach or waggon are under 
that fpecial acceptance ; and if money or plate be fent by 
it, without notice and being paid for, if loft, the carrier 
is not liable. Gibbon v .Paynton, 4 Burr- 2298 : not even 
to the extent of the 5I. or the firm paid for booking. Clay 
v. Willan, H. Black. Rep. 298. In thefe cafes a perfonal 
communication is not neceiTary to conftitute a fpecial ac¬ 
ceptance. Advertifements, notices in the warehoufe, 
and Hand-bills, which it is probable the plaintiff faw, or 
which he might have feen, are fuflicient. From thefe 
cafes and the opinion of Lord Mansfield, it feems fafeft, 
that, in all inftances of fending things of Baltic by a car¬ 
rier, the carrier fiiould have notice and be paid accord, 
ingly. 
A delivery to the carrier’s fervant is a delivery to him¬ 
felf, and ftiall charge him; but they mull be goods, fuch 
as it is his cuftomto carry, not out of his line of bufinefs. 
Salk. 282. Where goods are loft which have, been put on 
board a (hip, the action may be brought, either againft the 
mafter or againft the owners. 2 Salk. 4.4.0. If one owner 
only is fued, he muft plead it in abatement, that there are 
other partners; for he ftiall not be allowed to give it in 
evidence, and nonfuit the plaintiff. 5 Burr. 2611. It 13 
not necelfary, in order to charge the carrier, that the goods 
are loft in tranfitu, while immediately under his care ; for 
he is bound to deliver them to the confignee, or fend no¬ 
tice to him, according to the direction; and, though they 
are carried fafely to the inn, yet, if left there till they are 
fpoiled, and no notice given to the confignee, the carrier is* 
liable. 3 Wilf. 429. 2 Bl. Rep. 916. As to the proof necef- 
fary in an aftionagainft a carrier, fee Bailment. —A car¬ 
rier may retain goods for his hire. 1 Ld. Raym. 166,752. 
CAR'RIER PIGEON, f. in ornithology. See Co- 
LUMDA. 
CAR'E.ION, f. \_charogne, Fr.] The carcafs of fome- 
thing not proper for food.—Critics, as they are birds of 
prey, have a natural inclination to carrion. Pope .—Any 
fifth fo corrupted as not to be fit for food : 
Sheep, oxen, horfes, fall; and, heap’d on high, 
The diff’ring fpeciesin confufion he ; 
Till, warn’d by frequent ills, the way they found 
To lodge their loathfome carrion under ground. Dryden. 
A name of reproach for a worthlefs woman.—Shall we 
fend that foolilh carrion, Mrs. Quickly, to him, and ex¬ 
cufe his throwing into the water } Skakefpeare. 
CAR'RION, ad]. Relating to carcafes; feeding upon 
carcafes.—The charity of our death-bed vifits from oner 
another is much at a rate with that of a carrion crow to a 
flieep ; we fmell a carcafe. L'EJlrange. 
CAR'RIQN, a river of Spain, which joins, the Pifuerga 
near Duennas. 
CAR'RION DI LOS CC’N'DES, a town of Spain, on 
the river Carrion, in the province of Leon, on the frontiers 
of Old Caftile: it contains ten parifh-churches, ten con¬ 
vents, and two hofpitals : fourteen leagues weft of Burgos, 
and fix north of Placentia. 
CAR'ROCK, a mountain of England, in the county of 
Cumberland, 2265 feet above the level of the lea. 
CAR'ROG, a river of Wales, which runsinto the fca, 
about four miles fouth-weft of Caernarvon. 
CAR'RON, a river of Scotland, which runs into the 
fea, near Stonehaven, in the eotintv of Kincardine, 
CAR'RON, 
