Page:Black's Law Dictionary (Second Edition).djvu/234

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COMMON

cliff, 10 Wend. (N. Y.) B—1S.—Commnn of fishery. 'llie same as Common of piscary. See in- fra.—Com.1non of Eowling. In some parts of the country a right of taking wiid animals (such as conies or Wildfowl) from the land of another has been found to exist: in the case of wildtowi, it is called a "common of fowliug." Elton, Com 118.—Common of pasture. The right or liberty of posturing one's cattie upon another man's land. it may be either append- ant, appurtenant, in gross, or because of vicinage. Van Rensselaer v. Radclitf, 10 Wend. (N. X.) €>‘17.—Comnion of pisoary. The right or lihcrty of fishing in another man's water, in common with the owner or with other persons. 2 Bl. Comm. 34. A liberty or right of fishing in the water covering the soil of another person, or In a river running through another's iand. 3 Kent, Comm. 409. Hardin v. Jordan, 140 U. S. 371, 11 Sup. Ct. SOS, 35 L. Ed. 428: Albri-iht v. Park Com‘n, 68 N. J. Law, 523, 53 Atl. ( , Van Rensselner v. Iladclifit, 10 \\‘end. (N Y.) (H9. It is quite different from a com- mon (isliery, with which. however. it is (re- qui-utl_\ conEoundcd.—Comruon of shack. A species of common by vicinnge prevailing in the counties of Norfoik, Lincoin, and Yorkshire. in England: being the right of persons ocvupving lands lying together in the some common field to turn out their cattle after harvest to feed p'l‘0lIll<ClI0llSly in that tieid. 2 Steph. Comm 6, 7; 5 Coke, —-Common of tnrhnry. om- mon of turhary, in its modern sense. is the right of taking peat or turf from the waste land of

nother, for fuel in the commoner‘s house. Williams, Common, 187; Van Renssciner v. Rad- clifi, 10 “food (N. Y. 64-7.—Cnnin-.on sans nonihre. Common without number, that is. Without limit as to the mun-bar of cattle which may be turned on: otherwise called “common without stint." 531). 22211; 2 Steph. Comm. 6, 7; 2 Bl. Comm. 34.—-Ccnnmnn, tenants in. See Tnanrrrs IN Common.

COMMON. As an adjective, this -word denotes usual, ordinary, accustomed; shared amongst several; owned by seieral jointly. State v. 0'Conner, 49 Me. 590; Keen v. State, 35 Nel). GT6. 53 N. W. 595, 17 L. R. A. 821; Aymette v. State, 2 Humph. (Team) 154.

—Common assurances. The several modes or ll.lStl'\llJ1i‘BtS of conveyance estahlished or authorized by the law of England. Called "conimon" because thcrehy every man's estate is assured to hlm. 2 . omm. The legal evidences of the translation of property, where- l-of every person's estate is assured to h" d l controversies, doubts, and diflicultj s either prevented or removed. lViiarton.—Com- mun fine. In old English law. A certain sum of money which the residents in a leet paid to the iortl of the ieet. otherwise called “head silver," "cert money." (q. !7.,) or "ceitmn letzz." Termes de la Ley; Coviell. A sum of money paid by the inhabitants of a manor to their lord. towards the charge of holding a court leet. Bniiey, ict.— mninn form. A wili is said to be proved in common form when the executor proves it on his own oath- as distin- guished from “proof by witnesses,‘ which is necessary when the paper rofionnded as a will is disputed. Hubbard v. E-In bard, 7 Or. 9; Richardson v. Green. 61 Fed. 423. 9 C. G. A. 565; In re Straiib. 49 N. J. Ed. 264. % Atl. 509; 'iilton v. Hancock. 118 Ga. 438, 45 S. E. 504.—Common lmll. A court in the city of London, at which ail the citizens, or such as are free of the city. have a right to attend- Common learning. Familiar law or doctrine. Dyer, 27b. 33 —Common place. (‘om- mnn pl:-as. The English court of common pieais is sometimes so called in the old books.—Com- man prayer. The liturgy, or public form of

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COMMON LAW

prayer prescribed by the Church of England to be used in all churches and chapeis, and which the tit-3l‘g) are enjoined to use under a Cefilllll penalty.— mmon repute. The pi'e\'iiiling belief in a given community as to the existence of a certain fact or aggregation of facts. Brown v. Foster, 4.] S. C. 118, 19 S. E. . —_Common right. A term applied to rights, pi'i_vileges, and immunities appertaining to and cmoyed _by all citizens equally and in common. and which have their foundation la the com- mon law. CD. Inst. 142:1; Spring Valley Waterworks v. Schottler, 62 Cal. 106.-Common seIle_z-. _ A common selier of any commodity (par1'_1cu_i:irly under the liquor iaws of many states) is_ one who sells it frequently, usuailr. cnstomariiy, or hahituiiliy; in some states. one who is shown to have made a certain uuinlier of sales, either three or fire. State v. O'Conner. 49 Me. 596; State v. Niitt. 28 \-'t. .7 Moundsville v. Fountain. W. Va. Cnru. v. Tubbs. 1 Cush. (M . .) ... sense. Sound practical judgment: gree of intelli,-zence and reason, as exercised upon the_ reiations of persons and things and the ordinary afiairs of life, which is possessed by the generality of mankind, and which uouid snflice to direct the conduct and actions of the individual in a manner to agree with the be- havior of ordinary persons.—Cnmmon thief. _One who by practice and habit is a thief; or. in some states. one who has been convicted of tbrce distinct iarcenies at the same term court. World v. Stite, 50 Md. 54: Coin. 17. Hope. 22 Pick. (Mass) 1: Stevens v. Com. 4 1\letc. (Mass) 3G4.—Common weal. The puhlic or common good or welfare.

As to common "Bail." "Barretor." "Carrier," "Chase," "Council," “Counts, Diu- gence “Day," “Dehtor." “Di-unkard." "Error,' “Fishery," "Highway," “1nformer." "Inn," “Intcndment," "Intent," "Jury." “Ln- bor." “Nuisance." "Property." "School." "Scold,” “Stock," “Seal," “Serge-ant," “Tra- verse," "Vonchee." “Wiill." see those tiues. For Commons. House of, see Housa or Coa- MONE.

COMMON BAR. In pleading. (Other- wise called "blank l)ar.") A plea to coinpe‘ the plaintiff to assign the particular place where the trespass has been committed. Steph. Pi. 256.

COMMON BENCH. The English court of common pleas was formerly so called. Its original title appears to have been simply “The Bench," but it was designated "Com- mon Bench" tu distinguish it from the “Kings Bench." and because in it were tried and determined the causes of common persons, t‘. (5., causes between subject and sub- ject, in which the crown had no Interest.

COMMON LAW. 1. As distinguished from the Roman law, the modern civil iaiv, the canon law, and other systems, the com- mon law is that body of law and jurlstlc theory which was originated, developed, and formulated and is administered in England. and has obtained among most of the states and peoples of Anglo-Sawn stock Lax v. Haggin, 69 Cal. 255, 10 Pac. 674.

2. As dlstlngulshed from law created by

the enactment of legislatures, the common