Page:The New International Encyclopædia 1st ed. v. 05.djvu/765

* CULPA. 657 CULTUS COD. what careless is held to that degree of care only wliit-h lie is accustomed to exercise in liis own all'airs [diliycnlia quam in suis). This is true wiicu the advantage of the contractual relation is wholly on the other side, as in the dejiosit for safe-keei)ing without remuneration, and also when the other party is chargeable with negli- gence if he enters into relations with a careless person, as in partnership. By reason, however, of the fiduciary cliaracter of these relations, the careless depositary or partner who has failed to exercise even that degree of care which lie is wont to exercise in his own all'airs is regarded as guilty of w^illful wrong (dolus). In con- tractual relations very gross carelessness (culpa lata) is also treated as willful wrong. Whether this is true outside of contractual relations — whether very gross carelessness begets an action on tort — is disputed. Regularly, of course, at Roman law as at English law, action on tort lies only when willful intent can be shown or pre- sumed. Exceptionally, however, and by statutory rule ( lex Aquilia ), the person who has damaged another's property by a careless act is liable although no contractual relation exists between the parties. At modern civil law most of the Roman rules still obtain. Modern legislators, however, have generally discarded the exceptional standard of the diligentin quam in suis; and the French civil code (art. 1.383) and some of the codes based on the French, e.g. the Spanish civil code (art. 10811), lay down the broad rule that every person of sound mind wlio has reached the age of dis- cretion is responsible for damage occasioned by his negligence, whether of act or of omission; but these provisiions have not been interpreted as creating a general duty to act in the interest of strangers. I^or the English and American ap- plications of the civil law doctrine, see Bail- ment; Negligence. Consult the authorities re- ferred lo under Civil Law. CUL'PEPEE, John. An early English emi- frrant to the Carolinas, leader of the "Culpeper Insurrection.' In 1(578 he led a successful insur- rection in the northern or Albemarle Colony of Carolina against the representatives of the proprietaries, who had interfered arbitrarily in elections and had imposed excessive taxes. He nnd his followers succeeded in gaining control of the Government, but when he went to London to arrange a compromise with the homo autliori- ties he was promptly arrested on a charge of treason. He was finally acquitted, however, on the ground that there had really been no author- ized Government in the colony at that time to rebel against. In 1680 Culpeper laid out on paper tiic plan of the city of Cliarleston. CULPEPER, or COLPEPER, Thomas ( ?-1719). A grantee (1673) and Colonial Gov- ernor of Virginia. He was appointed Governor for life in 1075, but did not come to the Colon.y until IflSO. In 1683. having administered the office chiefly for his own gain, being shrewd and unscrupulous to the last degree, he returned to England in spite of his orders, was tried and con- victed of corruption, and was deprived of his commission. His daughter Catherine brought his great possessions in dower to Baron Fairfax and his descendants. CULPER. A local name in Africa for a fish resembling a perch, but of uncertain position, ichthyologieally, which inhaliils the Zambezi Val- ley. It burrows in the mud, and thus survives droughts, and is exhumed both by animals and the native negroes for food, but is not thought pahitable by tiie white colonists. CULPRIT FAY, The. The title of a poem by .loscjili Kodmaii Drake (1S16). Its subject is the love of a fairy for a mortal maiden, and hi3 expiation of the oll'ense. CULTIVATION. See Tillage. ' CULTIVATOR (Fr. cullivateur, from ML. cultioare, to cultivate, from Lat. cultura, culti- vation, from colere, to till). An agricultural implement extensively manufactured and used in the United States. The common name for it in Great Britain is grubber. Certain forms are called scarifiers. It is used for a number of pur- poses, such as preparing soil for i)lanting, loosen- ing soil between rows of plants, destroying weeds, etc. There are many forms, but usually the essential feature is a triangular or rectangular iron frame in which are fixed tines or teeth, somewhat like those of a harrow, but curved, and so placed as to enter the ground oblicjuely when the implement moves forward. Handle's like those of a plow are provided for control of the implement and the centre beam of the iron framework projects in front for the attachment of wlieels and draught-clevises. In some forms the implement is mounted on wheels and provided with a seat for the operator and various levers for the control of the implement. These are called rider cultivators, while the simpler forms are know-n as u-alker cultivators. The two forms are sometimes combined. See also Implements, ACUICILTUKAL; TILLAGE. CULTURE (Lat. cjtiiurff, cultivation). Spe- cifically, in anthropology, the aggregate result of human development (physical and psychical) either in general or up to and at any particular stage. The chief phases of culture are coordi- nated with the principal stages of development, themselves usually exjxiundcd in terms of social organization, i.e. savagerj', barbarism, civiliza- tion, and enlightenment. The interchange of culture is one of the most efiective factors in human progress. See Man, Science of; Agri- culture. CULTURKAMPE, kool-toorlciimpf. SeeKuL- TURKAMPF. CULTUS COD. A marine fish (Ophiodon elonr/atus) of the family Chiridie, abundant from Lower California to Alaska, and one of the most important food-fishes of the Pacific Coast, where it is also known as ling, bulTalo-cod, and blue- cod. Cultus, in the Chinook jargon, means 'common,' or 'ordinary,' and was applied to dis- tinguish this species from the title cod of that coast. It is cod-like in form, dark-brown above, variously spotted, and bluish-green below, the flesli being also bluish: and reaches a length of 5 feet and a weight of 30 to 40 jiounds. but much smaller specimens are usually brought to market. It lives about rocky places, sometimes in con- siderable depths, and spawns in summer; and it feeds upon fishes and Crustacea and is excessively voracious, often being taken by seizing a fish upon the angler's hook. Its flesh is regarded as of superior quality.