Page:Black's Law Dictionary (Second Edition).djvu/236

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COMMON RECOVERY

justice and five (formerly tour, until 31 8: 32 v'ict c. 12:3. 5 11, suhsec. S) 1:-uisné judges. It was detached from the king's court («um rcgis) as early as the reign of Richard L. and the fourteenth clause of lllngna Clmrtn enacted that it should not follow the king's court, but be held in some certain piace Its jurisdiction was altogether confined to civil matters, having no cognizance in criminal cases, and was concurrent with that of the queen's bench and excheqner in personal actions and ejectment. Wharton.

COMMON RECOVERY. In conveyancing. A species of common assurance, or mode of conveying lands by matter of record, formeriy in frequent use in Englnlid It was in the nature and form of an action at law, carried reguinrly through, and ending in a reomrry of the lands against the tenant of the freehold: which recovery, hemg a supposed adjudication of the right, hound all persons, and rested a free and ahsolute feesimple in the recoxerer. 2 Bl. Comm. 357. Christy v. Burch. 25 Fla. 94:2. 2 South. 258. Common recoveries were abolished by the statutes 3 & 4 Wm. IV. c. 74.

COMMONABLE. Entitled to common. Communahie beasts are either beasts of the piow, as horses and oxen, or such as manure the land, as kins and sheep. Beasts not common-able are swine, goats, and the like. Co. Litt. 1%; 2 Bl. Comm. 33.

COMMONAGE.}} In old deeds. The right of common. See Common.

COMMONALTY. Inflnglish law. The great body of citizens; the mass of the peo- ple, excluding the nobility.

In American law. The body of people composing a municipal corporation, excluding the corporate ofilcers.

COMMONANCE. The commoners, or tenants and inhabitants, who have the right of common or commoning in open field. Cow- ell.

COMMONERS. In English law. Persons having a right of common. so called because they have a right to pasture on the naste, in common with the lord. 2 H. B1. 389.

COMMONS. 1. The class of suhjects in Great Britain exclusive or the royal family and the nobility. They are represented in pnriiament by the house of commons.

2. Part of the demesne land or a mnnor, (or land the property of which was in the lord,) which, being uncultivated, was termed the “lord's waste," and served for public roads and for common of pasture to the lord -«s:;I;_~sns+s.-=2.-.gs. ‘Lian rinsing. on.

228 COMMOTION COMMONS HOUSE OF PARLIA- MSENI‘. In the English pariisment. The lower house, so called because the common: of the realm, that is, the lxnights. citizens, and burgesses returned to parliament. representing the whole body of the commons, sit there.

COMKONTY. In Scotch law. land pop- sessed in common by difitorent proprietors. or by those having acquired rights of servitude. Bell.

COMMONWEALTH. The puhlic or com- mon weai or welfare. This cannot be re- garded as a technical term or puhlic law, though often used in political science. 1o generally designates, when so employed, a repnhlican frame of government.—one in which the welfare and rights of the entirn mass of people are the main consideration, rather than the privileges of a class or the will of a monarch; or it may designate the body of citizens living under such a government. Sometimes it may denote the corpo- rate entity, or the government, of a jurnl society (or state) possessing powers of sait- government in respect of its immediate cocnerns, but forming an integral part of a larger government, (or nation.) In this latter sense. it is the official title of several of the United States, (as Pennsylvania and Massa- chusetts,) and would be appropriate to them all. In the former sense, the word was used to designate the English government during the protectorate of Cromwell. See Gorr:aiv- MINT; Narzon; Sun. (State v. Lambert, 44 W. Va. 308. 28 s. E. 930.)

COMMORANCY. The dwelllng in any place as an lnhahitant; which consists in usually lying there. 4 Bl. Comm. 273. In American law it ls used to denote a mere temporary residence. Ames v. Winsor. 19 Pick. (Mass.) $8; Pullen v. Monk, 82 Me, 412, 19 At). 909: Gilman v. Imnan, 85 Me. 105. 26 Atl. 1049.

COMHORANT. Staying or abiding; dwelling temporarily in a place.

COMKORIIENTES. Severed persons who perish at the same time in consequence of the same caialnity.

COMMORTK, or COMORTK. A contri- hution which was gathered at marriages, and when young priests said or sung the first masses. Prohibited by 26 Hen. VIII. C. 6. (Jewell.

COMHOTE. Half a cantred or hundred in Wales. containing fifty vilages. Also in great seignory or lordship, and may include one or divers manors. O0. Litt 5.

COMMOTION. A "clvil commotion" in an insurrection of the people for gem-xal v.;;sx:s9aas._\, it. ma.v,,not ammml. to re

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