Blacks Law Dict. 1st ed

COMMON VOUCHEE

233

COMMON OF SHACK

ord, formerly in frequent use in England. It was in the nature and form of an action at law, carried regularly through, and ending in a recovery of the lands against the ten ant of the freehold; which recovery, being a supposed adjudication of the right, bound all persons, and vested a free and absolute fee simple in the recoverer. 2 Bl. Comm. 357. Common recoveries were abolished by the statute 3 & 4 ¥m. IV. c. 74. COMMON SANS NOMBRE. Com mon without number, that is, without limit as to the number of cattle which may be turned on; otherwise called "common with out stint." Bract, fols. 536, 222&; 2 Steph. Comm. 6, 7; 2 Bl. Comm. 34. COMMON SCHOOLS. Schools main tained at the public expense and adminis tered by a bureau of the state, district, or municipal government, for the gratuitous education of the children of all citizens with out distinction. COMMON SCOLD. One who, by the practice of frequent scolding, disturbs the neighborhood. Bish. Crim. Law, § 147. A quarrelsome, brawling, vituperative person. COMMON SEAL. A seal adopted and used by a corporation for authenticating its corporate acts and executing legal instru ments. COMMON SENSE. Sound practical judgment; that degree of intelligence and reason, as exercised upon the relations of persons and things and the ordinary affairs of life, which is possessed by the generality of mankind, and which would suffice to di rect the conduct and actions of the individ ual in a manner to agree with the behavior of ordinary persons. COMMON SERJEANT. A judicial officer attached to the corporation of the city of London, who assists the recorder in dis posing of the criminal business at the Old Bailey sessions, or central criminal court. Brown. COMMON, TENANTS IN. See TEN ANTS IN COMMON. COMMON TRAVERSE. SeeTitAY KRSE. COMMON VOUCHEE. In common recoveries, the person who is vouched to warranty. In this fictitious proceeding the crier of the court usually performs the office of a common vouchee. 2 Bl. Comm. 358; 2 Bouv. Inat. n. 2093.

river running through another's land. 8 Kent, Comm. 409. It is quite different from a common fishery, with which, however, it is frequently confounded. COMMON OF SHACK. A species of common by vicinage prevailing in the coun ties of Norfolk, Lincoln, and Yorkshire, in England; being the right of persons occupy ing lands lying together in the same common field to turn out their cattle after harvest to feed promiscuously in that field. 2 Steph. Comm. 6, 7; 5 Coke, 65. COMMON OP TURBARY. Common of turbary, in its modern sense, is the right of taking peat or turf from the waste land of another, for fuel in the commoner's house. Williams, Common, 187. Common opinion is good authority in law. Co. Litt. 186a; 3 Barb. Ch. 528, 577. COMMON PLACE. Common pleas. The English court of common pleas is some times so called in the old books. COMMON PLEAS. The name of a court of record having general original juris diction in civil suits. Common causes or suits. A term anciently used to denote civil actions, or those depend ing between subject and subject, as distin guished ixova. pleas of the crown. COMMON PLEAS, THE COURT OF. In English law. (So called because its orig inal jurisdiction was to determine controver sies between subject and subject.) One of the three superior courts of common law at Westminster, presided over by a lord chief justice and five (formerly four, until 31 & 32 Viet. c. 125, § 11, subsec. 8) puisnS judges. It was detached from the king's court (aula regis) as early as the reign of Richard I., and the fourteenth clause of Magna Charta enacted that it should not follow the king's court, but be held in some certain place. 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 exchequer in personal actions and ejectment. Wharton. COMMON PRAYER. The liturgy, or pnblic form of prayer prescribed by the Church of England to be used in all churches and chapels, and which the clergy are en joined to use under a certain penalty. COMMON RECOVERY. In convey ancing. A species of common assurance, or mode of conveying lands by matter of rec

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