Page:The New International Encyclopædia 1st ed. v. 04.djvu/443

CAVEAT EMPTOR. 379 CAVEN. semblance of authority for this doctrine from the time of Xoy and Lord Coke consists of mere dictji." L'he application of the doctrine to title has l)een done away with in England by the Sale of Goods Act, 1S'.I3 (otioT Victoria, c. 71), by which the law relating to the sale of goods was codified, while in the United States this appli- cation of the doctrine has never had any judicial sanction, so far as the sale of personal pro])erty is concerned. The mere act of A's selling prop- erty to B amounts to an undertaking on his part that the title was in him. B docs not buy at his peril. It is the seller, not the buyer, who must take care of the title. However, the maxim "Caveat emptor' does apply to sales of land. In the absence of fraud or of covenant a.s to title by the vendor, the vendee buys at his peril. With respect to the quality of chattels, the connnon-law maxim "Caveat emptor' still ap- plies, although its scope has been narrowed greatly during the last hundred years. Indeed, an eminent judge has declared that the excep- tions have well nigh eaten up the rule. By the English Sale of Goods Act referred to above, the civil-law rule "Caveat venditor (let the seller be- ware) is in many eases substituted for 'Caveat emptor." For example, if the buyer notifies the seller that the goods for which he is treating are required for a special purpose, and that he re- lies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply, the seller impliedly engages that they shall be rea- sonably fit for such purpose. Again a person who sells goods by description (as Manila hemp) impliedly engages that they shall correspond w ith the description and shall be of a merchanta- ble quality. While neither legislation nor ju- dicial decisions in the United States accord en- tirely with the provisions of the English stat- ute, their tendency is toward the same goal. In Rome the rule of early law was, in effect, 'Caveat emptor.' With the growth of commerce, however, the inadequacy and injustice of this rule became apparent, and it was modified from time to time by ledilieian edicts and by the reasoning of jurists, until it was transformed into 'Caveat venditor.' This maxim of primitive law has been undergoing a similar modification in England and in the United States during the last century. Consult the authorities referred to under S.les ; Title : and WAER.NrY. CAVEDONE, kii'vp-d.Vnu. Gi.vcoMo (l.i77- IGiiO). An Italian painter. He was educated in the school of the Carracci, and was a workman under them in the churches of Bologna. His chief productions are '"The Adoration of the Magi;" "The Four Doctors:" ""The Last Sup- per:" and "'The Virgin and Child in Glory," now in the Bologna Gallery. He was at one time an assistant to (Uiido Reiii. in Home. CAVE-DWELLERS. A general term, usu- ally, but loo-cly. ajiplicd to a largely hypothetic class of troglodytes, or primeval inhabitants of given countries or of the world. The most de- cisive evidences of cave life by early man are derived from western Europe, both continental and insular, where human remains and artifacts are found in certain caverns associate<l with bones and teeth of various extinct animals, in- cluding the eave-t)ear, the sabre-toothed tiger, etc., as well as of animals no longer occupying Vol. IV.— J.-,. the same habitat, such as the reindeer, hyena, etc. As shown by Bucland in the Eighteenth Cen- tury, such remains are frecjuently found in a distinctive eartliy deposit ("red cave earth') beneath a lloor of stalagmite. The sequence of deposits and the character of the fossils attest great antiquity, probably antedating the later glacial periods of the Pleistocene. Several of the most instructive examples of early pre- historic man (Man of Spy, Man of Cro-iiagiion, Man of Mentone. etc.) may be regarded as repre- senting the period of European cave-dwellers. In various parts of the world, notal)ly in Asia and southeastern Europe, are found habitations excavated in cafion-walls or other precipices; the rock-hewn tombs at Petra, in northern Arabia, are plausibly supposed to have been designed as places of residence; in China and Mongolia whole villages are excavated in bluffs of loess, as noted by Pumpelly and others; but nowhere do mankind now occupy natural caves as permanent habitations, so far as known. Many of the Amerinds temporarily occupied nat- ural shelves or niches in precipices ('rock houses,' as they are sometimes called ) , and some inclosed these with walls of masonry or other material to form permanent cliff-dwellings, while others excavated the cliff-faces to form cavate lodges (see Arcii.eology, American) ; it is known, too, that individuals and families, or even small bands, found temporary refuge in caverns : yet the term "cave-dwellers' is inap- plicable in America, either as a specific designa- tion for any people or jjcriod, or as a descriptive term. The general tendency of recent researches is to show that primeval men were arborean and ararian — i.e. forest rangers and shore-dwellers — rather than cave-dwellers, and that cave life was secondary and due to peculiar conditions rather than primary and characteristic. CAVELIER, ka'v'-lyi', Pierre Jules (1S14- 04). A French sculptor. He studied under David d'Angers and Delaroche and first gained celebrity in 184!t by a statue of "Penelope," for which he received the medal of honor. In 186.5 he became a member of the Institute. Among his works are "Truth." in the Louvre, statues of Abelard and Napoleon, and busts of Ary Scheffer and Horace Venut. CAVELIER DE CUVERVILLE, de ky'var'- vel', .Jules Makie Akmaxd (1834—). A French naval officer. He was born near AUineuc. Cotes- du-Xord, and studied in Rennes and in Paris. He took part in the Crimean campaign, was pro- fessor at the Xaval Academy from 1861 to 1863, naval attache of the French embassy at Lon- don, and commander of the naval division in the southern Atlantic. After his promotion tf) the rank of rear-admiral in 1888, he was, in 1390, intrusted w ith the chief command of the .Atlantic squadron, in which capacity he terminated the affair with Dahomey and signed a treaty of peace with the King of that country. His con- tributions to naval literature include: Le Canon de quinze poucen dfs Elut.i-Unis (1866); Pro- fjri'K rialis^s par I'artillerie navale de 1855 a 1880 (1881); La marine aux Etats-Unis, rap- port adresse au president Johnson (1867). CA'VEN, William (1830—). A Canadian Presbyterian divine. He was born at Kirkcolra in igt«wTislure. Scotland, December "20. 1830, graduated at the theological seminary of the