Blacks Law Dict. 1st ed

COMMON INFORMER

231

COMMON CARRIERS

several creditors. IE regard to these credit ors, he is their common debtor, and by this term is distinguished in the proceedings that take place in the competition. Bell. COMMON ERROR. (Lat. communis error, q. v.) An error for which there are many precedents. "Common error goeth for a law." Finch, Law, b. 1, c. 3, no. 54. COMMON FINE. In old English law. A certain sum of money which the residents in a leet paid to the lord of the leet, other wise called "head silver," "cert money," (q. «.,) or "certum letce." Termes de la Ley; Cowell. A sum of money paid by the inhab itants of a manor to their lord, towards the charge of holding a court leet. Bailey, Diet. COMMON FISHERY. A fishing ground where all persons have a right to take fish. Not to be confounded with "common of fishery," as to which see COM MON OF PISOABY. COMMON FORM. A will is said to be proved in common form when the ex ecutor proves it on his own oath; as distin guished from "proof by witnesses," which is necessary when the paper propounded as a will is disputed. COMMON HALL. A court in the city of London, at which all the citizens, or such as are free of the city, have a right to at tend. COMMON HIGHWAY. By this term is meant a road to be used by the community at large for any purpose of transit or traitsc. Ham. N. P. 239. COMMON IN GROSS, OR Al LARGE. A species of common which is neither appendant nor appurtenant to land, but is annexed to a man's person, being granted to him and his heirs by deed; or it may be claimed by prescriptive right, as by a parson of a church or the like coiporation sole. 2 Bl. Comm. 34. It is a separate in heritance, entirely distinct from any other landed property, vested in the person to whom the common right belongs. 2 Steph. Comm. 6. COMMON INFORMER. A common prosecutor. A person who habitually fer rets out crimes and offenses and lays infor mation thereof before the ministers of justice, in order to set a prosecution on foot, not be cause of his office or any special duty in the matter, but for the sake of the share of the

ing It is to carry chattels for all persons who may choose to employ and remunerate him. Schouler. Bailm. 297. Every one who offers to the public to car ry persons, property, or messages, excepting only telegraphic messages, is a common car rier of whatever he thus offers to carry. Civil Code Cal. § 2168. A common carrier is one who holds himself out to the public to carry persons or freight for hire. U Conn. 479. At common law, a common carrier is an insurer of the goods intrusted to him, and he is responsible for all losses of the same, save such as are occa sioned by the act of God or the public enemy. 15 Minn. 279, (Gil. 208.) Common carriers are of two kinds,—by land, as owners of stages, stage-wagons, rail road cars, teamsters, cartmen, draymen, and porters; and by water, as owners of ships, steam-boats, barges, ferrymen, lightermen, and canal boatmen. 2 Kent, Comm. 597. COMMON CARRIERS OF PASSEN GERS. Common carriers of passengers are •uch as undertake for hire to carry all per sons indifferently who may apply for pas sage. Thoinp. Carr. p. 26, n. § 1. COMMON CHASE. In old English law. A place where all alike were entitled to hunt wild animals. COMMON COUNCIL. In American law. The lower or more numerous branch of the legislative assembly of a city. In English, law. The councillors of the city of London. The parliament, also, was anciently called the "common council of the realm." Fleta, 2, 13. COMMON COUNTS. Certain general counts or forms inserted in a declaration in an action to recover a money debt, not found ed on the circumstances of the individual case, but intended to guard against a possible variance, and to enable the plaintiff to take advantage of any ground of liability which the proof may disclose, within the general scope of the action. In the action of assump rit, these counts are as follows: For goods sold and delivered, or bargained and sold; for work done; for money lent; for money paid; tor money received to the use of the plaintiff; for interest; or for money due on an account stated. COMMON DAY. In old English prac tice. An ordinary day in court. Cowell; Termes de la Ley. COMMON DEBTOR. In Scotch law. A debtor whose effects have been arrested by

Archive CD Books USA