Page:Encyclopædia Britannica, Ninth Edition, v. 5.djvu/151

Rh as, for example, when his carriage is full, or the article is not such as he is in the habit of conveying. He ought to carry the goods in the usual course without unnecessary deviation or delay. To make him liable there must be a due delivery of the goods to him in the known course of his business. His charge must be reasonable; and he must not give undue preference to any customer or class of customers. The latter principle, as enforced by statute, has come to be of great importance in the law of railway companies. In respect of goods entrusted to him, the carrier s liability, unless limited by a special contract, is, as already stated, that of an insurer. There is no question of negligence as in the case of injury to passengers, for the warranty is simply to carry safely and securely. The law, however, excepts losses or injuries occasioned immediately &quot; by the act of God or the king s enemies &quot; words which have long had a strict technical signification. It would appear that concealmeant without fraud, on the part of the customer, will relieve the carrier from his liability for negligence, but not for actual misfeasance. Fraud or deceit by the customer (e.g., in misrepresenting the real value of the goods) will relieve the carrier from his liability. The responsibility of the carrier ceases only with the delivery of the goods to the proper consignee. By the Carrier s Act (11 Geo. IV. and 1 Will. IV. c. 68) the liability of carriers for gold, silver, &c. (in general &quot; articles of great value in small compass &quot;) is determined. Should the article or parcel exceed 10 in value, the carrier is not to be liable for loss unless such value is declared by the customer, and the carrier s increased charge paid. Where the value is thus declared, the carrier may, by public notice, demand an increased charge, for which he must, if required, sign a receipt. Failing such receipt or notice, the carrier must refund the increased charge and remain liable as at common law. Except as above no mere notice or declaration shall affect a carrier s liability ; but he may make special con tracts with his customers. The carnage of goods by rail way or canal or by sea is subject to special regulations. (See and .) A carrier of passengers is responsible for personal injuries only when they have been occasioned by his negligence or want of skill. Where there has been contributory negligence on the part of the plaintiff, i.e., where he might, by the exercise of ordinary care have avoided the consequences of the defendant s negligence he is not entitled to recover. By 9 and 10 Viet. c. 93 (commonly called Lord Campbell s Act), when a person s death has been caused by such negligence as would have entitled him to an action had he survived, an action may now be maintained against the party responsible for the negligence on behalf of the wife, husband, parent, or child of the deceased. Previously such cases had been governed by the maxim actio personalis moritur cum persona.  CARRIER, (1756-1 794), French Revolutionist, one of the actors most infamous for cruelty in the &quot; Reign of Terror,&quot; was born at Yolai, a village near Aurillac in Upper Auvergne, in 1756. At the beginning of the Revolution (1789), he was merely an obscure attorney; and in 1792, with many others of the same class, he was chosen deputy to the National Convention. He was already known as one of the influential members of the Cordeliers Club, which with the Jacobins supported Robespierre. After the subjugation of Flanders he was one of the commissioners nominated in the close of 1792 by the Convention, and sent into that country to carry out a general spoliation of the inhabitants, which was called &quot; organizing the progress of liberty.&quot; In the following year he took part in establishing the revolutionary tribunal, and said openly that for the prosperity of the republic at least half of its population must be &quot;suppressed.&quot; He voted for the death of Louis XVI., was one of the first to call for the arrest of the duke of Orleans, and took a prominent part in the revolution of May 31 (overthrow of the Girondists). After a mission into Normandy, Carrier was sent, early in October 1793, to Nantes, under orders from the Convention to suppress the revolt which was raging there, by the most severe measures. Nothing loath, he established a revolutionary tribunal, and formed a body of desperate men, called the Legion of Marat, for the purpose of destroying in the swiftest way the masses of prisoners heaped together in the jails. The form of trial was soon discontinued, and the victims were sent to the guillotine or shot or cut down in the prisons en masse. He also had large numbers of prisoners put on board a vessel with a trap door in its bottom, and sunk in the Loire by night. This process, first of the noyades of Nantes, called by its inventor &quot;republican baptism,&quot; was twenty-five times re peated, so that the river became polluted with corpses, and a decree was issued, prohibiting the drinking of its water; and even in this wholesale slaughter of men, women, and little children, there were special aggravations. Such was the terror inspired by these deeds that for some time no one dared to denounce the perpetrator, who, in his reports to the Committee of Public Safety, deliberately lied. At length the horrible truth became known, and Carrier was recalled. He was now the object of general execration ; and although, in consequence of the fall of Robespierre (9th Thermidor), he had a short respite, he was in November 1794 tried before the revolutionary tribunal. The proceed ings lasted nearly a month, and on the 16th December, having vainly pleaded the orders of the Convention in his defence, he was condemned to death and executed.  CARRON, a small of, in the of  and  of, on the right  of the Carron , about two s north-east of. It is of importance for its -works, which were started in 1760 by a ed, with a of 150,000. There are five s and thirty-five s, and they give employment to upwards of 2000 individuals. The carronade, a short kind of with a large chamber for the, is so called because it was first made in perfection at these works. The, which falls into the three miles E.N.E. of , is interesting as at one time the boundary of the  on the north-west. In the neighbourhood, are the ruins of the ancient, and not far from the -works is the site of a now demolished monument of great antiquity known as 's , or Oon. The is about 2500.  CARSTARES, (1649-1715), a Scottish clergy man, born at Cathcart, near Glasgow, on the llth February 1649, was the son of the Rev. John Carstares, a member of the extreme Covenanting party of Protestors. He was educated at the university of Edinburgh, and then passed over to Utrecht, where he commenced his life-long friend ship with the prince of Orange, and began to take an active part in the politics of his country. At this time the state of Scotland was restless and unhappy in the extreme ; and it was natural, therefore, that the Govern ment should desire to silence Carstares, whom it had several reasons to dislike. He was the intimate of William ; he had been the bearer of messages between the disaffected in Scotland and Holland ; and he was believed to be con cerned with the learned James Steuart in the authorship of a severe pamphlet An Account of Scotland s Grievances by reason of the D. of Lauderdale s Jfinistrie, humlly ten dered to his Sacred Majesty. Accordingly, on his return to England, at the close of 1674, he was committed to the Tower ; the following year he was transferred to Edin burgh Castle, and it was not till August 1679 that he was released. After this he visited Ireland, and then became 