KFLCC Kingdom Law 2nd Ed.

226

COMMON

COMMON LAW

cliff, 10 Wend. (N. Y.) 648.—Common of fish ery. The same as Common of piscary. See in fra. —Common of fowling. In some parts of the country a right of taking wild animals (such as conies or wildfowl) from the land of another has been found to exist; in the case of wildfowl, it is called a "common of fowling." Elton, Com. 118.—Common of pastnre. The right or liberty of pasturing one's cattle upon another man's land. It may be either append ant, appurtenant, in gross, or because of vicin age. Van Rensselaer v. Badcliff, 10 Wend. (N. Y.) 647.—Common of piscary. The right or liberty of fishing in another man's water, in common with the owner or with other persons. 2 BI. Comm. 34. A liberty or right of fishing in the water covering the soil of another per son, or in a river running through another's land. 3 Kent, Comm. 409. Hardin v. Jordan, 140 U. «. 371, 11 Sup. Ct 808, 35 L. Ed. 428: Albright v. Park Com'n, 68 N. J. Law, 523, 53 Atl. 612; Van Rensselaer v. Radcliff, 10 Wend. (N. Y.) 649. It is quite different from a com mon fishery, with which, however, it is fre quently confounded.—Common of shack. A species of common by vicinage prevailing in the counties of Norfolk, Lincoln, and Yorkshire, in England; being the right of persons occupying 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 of turbary. Com mon 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. Wil liams, Common, 187; Van Rensselaer v. Rad cliff, 10 Wend. (N. Y.) 647.—Common sans nombre. Common without number, that is, without limit as to the number of cattle which may be turned on; otherwise called "common without stint" Bract, fols. 536, 2226; 2 Steph. Comm. 6, 7; 2 Bl. Comm. 34.—Com mon, tenants in. See TENANTS IN COMMON. this word denotes usual, ordinary, accustomed; shared amongst several; owned by several Jointly. State v. O'Conner, 49 Me. 596; Koen r. State, 35 Neb. 676, 53 N. W. 595, 17 L. R, A. 821; Aymette v. State, 2 Humph. (Tenn.) 154. —Common assurances. The several modes or instruments of conveyance established or authorized by the law of England. Called "com mon" because thereby every man's estate is as sured to him. 2 Bl. Comm. 294. The legal evidences of the translation of property, where by every person's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or removed. Wharton.—Com mon fine. In old English law. A certain sum of money which the residents in a leet paid to the lord of the leet, otherwise called "head silver," "cert money," (g. v.,) or "certum. letce." Termes de la Ley; Cowell. A sum of money paid by the inhabitants of a manor to their lord, towards the charge of holding a court leet. Bailey, Diet.—Common form. A will 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 propounded as a will is disputed. Hubbard v. Hubbard, 7 Or. 42; Richardson v. Green, 61 Fed. 423, 9 C. C. A. 565; In re Straub, 49 N. J. Eq. 264, 24 Atl. 569; Sutton v. Hancock, 118 Ga. 436, 45 S. E. 504.—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 attend.— Common learning. Familiar law or doc trine. Dyer, 275, 33.—Common place. Com mon pleas. The English court of common pleas is sometimes so called in the old books.—Com mon prayer. The liturgy, or public form of COMMON. As an adjective,

prayer prescribed by the Church of England to be used in all churches and chapels, and which the clergy are enjoined to use under a certain penalty.—Common repute. The prevailing belief in a given community as to the existence of a certain fact or aggregation of facts. Brown v. Foster, 41 S. C. 118, 19 S. E. 299. —Common right. A term applied to rights, privileges, and immunities appertaining to and enjoyed by all citizens equally and in common, and which have their foundation in the com mon law. Co. Inst. 142a.; Spring Valley Wa terworks v. Schottler, 62 Cal. 106—Common seller. A common seller of any commodity (particularly under the liquor laws of many states) is one who sells it frequently, usually, customarily, or habitually; in some states, one who is shown to have made a certain number of sales, either three or five. State v. O'Con ner, 49 Me. 596; State v. Nutt, 28 Vt. 598; Moundsville v. Fountain, 27 W. Va. 194; Com. V. Tubbs, 1 Cush. (Mass.) 2.—Common sense. Sound practical judgment; that de gree of intelligence and reason, as exercised up on 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 direct the conduct and actions of the individual in a manner to agree with the be havior of ordinary persons.—Common thief. One who by practice and habit is a thief; of, in some states, one who has been convicted of three distinct larcenies at the same term of court World v. State, 50 Md. 54; Com. v. Hope, 22 Pick. (Mass.) 1; Stevens v. Com., 4 Mete. (Mass.) 364.—Common weal. The public or common good or welfare. As to common "Bail," "Barretor," "Car rier," "Chase," "Council," "Counts," "Dili gence," "Day," "Debtor," "Drunkard," "Er ror," "Fishery," "Highway," "Informer," "Inn," "Intendment," "Intent," "Jury," "La bor," "Nuisance," "Property," "School," "Scold," "Stock," "Seal," "Sergeant," "Tra verse," "Vouchee," "Wall," see those titles. For Commons, House of, see HOUSE OF COM MONS. 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. PL 256. 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, i. e., causes between subject and sub ject, in which the crown had no interest 1. As distinguished from the Roman law, the modern civil law, the canon law, and other systems, the com mon law is that body of law and juristic theory which was originated, developed, and formulated and is administered in England, and has obtained among most of the states and peoples of Anglo-Saxon stock. Lux v. Haggin, 69 Cal. 255, 10 Pac. 674. 2. As distinguished from law created by the enactment of legislatures, the common COMMON BAR. COMMON BENCH. COMMON LAW.