Blacks Law Dict. 1st ed

COMMODITIES

230

COMMON CARRIERS

time, to be enjoyed and used under certain conditions, without any pay or reward, is called "commodans;" the person who re ceives the thing is called "commodatarius, n and the contract is called "commodatum." It differs from locatio and conductio, in this: that the use of the thing is gratuitous. Dig. 13,6; Inst. 3, 2,14; Story, Bailm. § 221. COMMODITIES. Goods, wares, and merchandise of any kind; movables; articles of trade or commerce. Commoclum ex injuriS suit nemo na bere debet. Jenk. Cent. 161. No person ought to have advantage from his own wrong. COMMON. As an adjective, this word denotes usual, ordinary, accustomed; shared among several; owned by several jointly. COMMON, n. An incorporeal heredita ment which consists in a profit which one man has in connection with one or more others in the land of another. 12 Serg. & R. 82; 10 Wend. 647; 11 Johns. 498. Common, in English law, is an incorporeal right which lies in grant, originally com mencing on some agreement between lords and tenants, which by time has been formed into prescription, and continues good, al though there be no deed or instrument to prove the original contract. 4 Coke, 37; 1 Crabb, Real Prop. p. 258, § 268. Common, or a right of common, is a right or privilege which several persons have to the prod ace of the lands or waters of another. Thus, common of pasture is a right of feeding the beasts of one person on the lands of another; common of estovers is the right a tenant has of taking neces sary wood and timber from the woods of the lord for fuel, fencing, etc. 10 Wend. 647. The word "common" also denotes an unin closed piece of land set apart for public or municipal puiposes, in many cities and vil lages of the United States. COMMON APPENDANT. A right annexed to the possession of arable land, by which the owner is entitled to feed his beasis on the lands of another, usually of the owner of the manor of which the lands entitled to common are a part. 10 Wend. 648; 2 61. Cornm. 33. COMMON APPURTENANT. Aright of feeding one's beasts 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 Crabb, 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 other words, may be created at the present day; it may be claimed as annexed to any kind of land, and may be claimed for beasts not commonable, as well as those that are. 2 Bl. Comm. 33. COMMON ASSURANCES. The sev eral modes or instruments of conveyance es tablished or authorized by the law of Eng land. Called "common" because thereby euery man's estate is assured to Mm. 2 B\. Comm. 294. The legal evidences of the translation of property, whereby every person's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or re moved. Wharton. COMMON BAIL. In practice. The form of entering merely fictitious bail, in cases where special bail is not required. A species of bail intended only to express the appearance of a defendant. COMMON BAR. In pleading. (Other wise called "blank bar.") A plea to compel the plaintiff to assign the particular place where the trespass has been committed. Steph. PI. 256. COMMON BARRETOR. In criminal law. One who frequently excites and stirs up groundless suits and quarrels, either at law or otherwise. COMMON BECAUSE OF VICI NAGE is where the inhabitants of two town ships which lie contiguous to each other have usually intercommoned with one another, the beasts of the one straying mutually into the other's fields, without any molestation from either. This is, indeed, only a permis sive right, intended to excuse what, in strict ness, is a trespass in both, and to prevent a multiplicity of suits, and therefore either township may inclose and bar out the other, though they have intercommoned time out of mind. 2 Bl. Comm. 33; Co. Litt. 122a. 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" to distinguish it from the "King's Bench," and because in it were tried and determined the causes of common per sons, »'. e., causes between subject and sub ject, in which the crown had no interest. COMMON CARRIERS. A common carrier is one whose regular business or calk

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