Page:Black's Law Dictionary (Second Edition).djvu/233

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


COMMIXTIO

COLIMETIO. In the clvii law. The mixing together or confusion of things, dry or solid, belonging to different owners, as distinguished trom confusio, which has relation to liquids.

COMMODATE. In Scotch law. A gratuitous luau for use. Ersk. Inst. 3, 1, 20. Closely formed from the Lat. coiiimodatum, (a. 0-)

COMMODATI ACTIO.}} Lat. In the ciili law, an iiction of ioan; an action for a thing lent. An action given for the recovery of a thing loaned, (commodiztum,) and not returned to the lender. Inst. 3, 15, 2; It]. 4. 1, 16.

COMMODATO. In Spanish law. A contriict by which one person iepds g|'=itUit0ll5' ly to another some object not consumable. to be restored to him in kind at a given pe-

rlod; the same contract as cammallamifl. (q. 0.) COMMODATUM. In the civil law. He

who ieuds to another a thing for a definite time. to be enjoyed and used under certain conditions, without any pay or reward, is tiliied "w-m.iiwdaris;" the person who receiies the thing is called "commudiitorius," anti the contract is called “cu1ii.moilimmi." lt differs from lociitio and comliictio, in this: that the use or the thing is gratuitous. Dig. 13 G: Inst 3. 2. 14; Story, Bailm. 5 221. Foggs v. Bernard. 2 Lo. Raym. 909; Adams I’. Mortgage Co., 82 Miss. 263, 34 South. 482, 17 I. R. A. (N. S.) 133, 100 Am. St. Rep. 633; World's Columhlan Exposition Co. v. Repub- iic of France. 96 Fed. 693, 38 C. G. A. 483.

COMMODITIES. Goods, wares, and merchandise of any kind; movablesz urtiola of trade or commerce. Best v. Bauder, 2“) How. Prac. (N. Y.) 492; Portland Bank v. Anthorp, 12 Mass. 256; Queen Ins. Co. v. State, 86 Tex. 250, 24 S. W. 397, 22 L R. A. 483.

Commndnm ex tnjnrla -na nemo ha.- bera debet. Jenk. Cant. 161. No person ouht to have advantage from his own irirng.

COMMON. 11.. An incorporeal heredita- uml, which consists in a profit which one has has in connection with one or more nlmrs in the land of another. Trustees v. Rnlhison, 12 Seig. 5: R. (Pn.) 31; Van liens raiiir v. Radcliff 10 Wend. (N. Y.) 047, 25 -lin_ Dec 582: “'utts v. Como, L1 Johns. IX 1'.) 498.

I"ii|fIiJIu, in English law. is an iucorporeal right which lies in grant. originally com- Irmdnr on some agreement between lords and tenants, which by time has been formed iiiiu prescription, and continues good, al-

Bl.Law Dict.(2d Ed.)—15

225

COMMON

though there be no deed or instrument to prove the original contract. 4 Coke, 37: 1 Crahb, Real Prop. p. 258, 5 268.

Common, or a right of common, is a right or privilege which several persons have to the pro- duce of the lands or waters of another. Thus common of pasture is o right of feeding the beasts of one person on the lands of another; common of estovers is the right a tenant has of taking necessary wood and timber from the woods of the lord for fuel, fencing. etc. V-in Rensselaer v. Iladcliff 10 Wood. (N. Y.) 6-17.

The word “common" also denotes an unicnlosed piece of land set apart for public or municipal purposes, in many cities and villages of the United States. Whlte v. Smith, 37 Mich. 291: Newport v. Taylor, 16 B. Mon. B07: Cincinnati v. Wjliite. 6 Pet. 435. 8 L. Ed. 452: Cummings v. St. Louis. 90 Mo. 2551, 2 S. W. i30; Newell v. Hancock, 67 N. H. 2-14. 35 Atl. 253; Bath 17. Boyd, 23 N. G. 194; State v. Mclleynolds. 61 M0. 210.

—-Common appendunt. A right annexed to the possission of arable land, by which the owcnr is entitled to feed his heasts on the lands of another. usually of the owner of the manor of which the lnnds entitiad to common are a part. 2 Bl. Comm. 33; Smith v. Floyd. 18 Barb. (N. Y.) 527: Tim Ronsselner v. llailcliff. 10 Wcnd. (N. Y.) 6-l8.—Common appurtenant. A riirht of feeding one's beaste on the land of an- other, (in common with the owner or with others.) which is founded on a grant, or a prescription which supposes a grant. 1 Craibb. Real Prop. p. 264-. § 277. This kind of common arises from no connection of tenure, and is against common right; it may commence by grant within time of memory, or. in 0fll|"l words, may be created at the present day; it may he ciaimcd llS annexed to any kind of land, and may be claimed for beasts not commonable. as weil as those that are. 2 Bi. mm. 33; Van Reosselaer v. Iladtiiff, 10 "Vend (N '.) 64-9' Smith v. Floyd. 18 Barb. (N. Y.)

E

F

G

7. -Common ‘because of vicinage is where the H

inhabitants of two townships which iie configu- oiis to each other have usuaily intercommoued with one another, the beasts of the one straying mutually into the other's fields, without any molestation from eitber. This is. indeed. only a permis 've riglit. intended to excuse what. in strictness. is a trespass in both, and to prevent a multiplicity of suits, and therefore either township may iuclose and bar out the other, though they have intercommoned time out of mind 2 Bl. Comm. 33; Co. Litt. 122zi.—Com- man in gross, or at large. A species of common which is neither appendant nor appurtenant to limit, but is annexed to a man's pureon. being granted to him and his heirs by deed; or it may be ciaimed by prescriptive right, as by a paraon of a church or the like corporation sole. 2 Bl. Comm. 34. It is a separate inherimnce, entirely distinct from any other landed property. vested in the person to whom the common right belongs. 2 Stcph. Comm. 0: Mitcheli v. D'0iie 68 N. J. Law, 375. 53 Atl

467, 59 L. R. A. . 9.—-Common of digging. Common of digging, or common in the soli. is the right to take for one'a own use part of the soil or minerals in another‘: land; the most usuni subjects of tbc right are sand. graicl, stones, and clay. It is of a very similar nature to common of estovcrs and of turbury. Ell-on. Com. ]()!).—Commnn of estovers. A iibx rty of taking nccessaiy wood for the use or turniture of a house or term from ofi aootbci".-; estate, in common with tho owner or with others. 2 Bl. Comm. 35. It may be claimed. like cum- mon of pasture, either by grant or prescription 2 Steph. Comm. 10; Van Reasselaer 17. Rad-

i