Common

As an adjective, — owned by several; usual; habitual. As a noun, — an incorporeal hereditament, which consists in a profit which one man has in connection with one or more others in the land of another. 12 Serg. & R. (Pa.) 32; 10 "Wend. (N. Y.) 647; 11 Johns. (N. Y.) 498; 16 Johns. (N. Y.) 14, 30; 10 Pick. (Mass.) 364; 3 Kent, Comm. 403. Common of Estovers. The liberty of taking necessary wood, for the use of furniture of a house or farm, from another man's estate. This right is inseparably attached to the house or farm, and is not apportionable. If, therefore, a farm entitled to estovers be divided by the act of the party among several tenants, neither of them can take estovers, and the right is extinguished. 2 Bl. Comm. 34; Plowd. 381; 10 Wend. (N. Y.) 639; 1 Barb. (N. Y.) 592. It is to be distinguished from the right to estovers which a tenant for life has in the, estate which he occupies. See "Estovers." Common of Pasture. The right of feeding one's beasts on another's land. It is either appendant, appurtenant because of vicinage, or in gross. Common of Piscary. The liberty of fishing in another man's water. 2 Bl. Comm. 34. See "Fishery." Common of Shack. 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. Wharton; 2 Steph. Comm. 6; 1 Barn. & Aid. 710. Common of Turbary. The liberty of digging turf in another man's ground. Common of turbary can only be appendant or appurtenant ' to a house, not to lands, because turves are to be spent in the house. 4 Coke, 37; 3 Atk. 189; Nov. 145; 7 East, 127, Common Appendant. A right annexed to the possession of land, by which the owner thereof is entitled to feed his beasts on the wastes of the manor. It can only be claimed by prescription, so that it cannot be pleaded by way of custom. 1 Rolle, Abr. 396; 6 Coke, 59. Common Appurtenant. This differs from common appendant in the following particulars, viz.: It may be claimed by grant or prescription, whereas common appendant can only arise from prescription; but may be claimed as annexed to any kind of land; it may be not only for beasts usually commonable, such as horses, oxen, and sheep, but likewise for goats, swine, etc.; it may be severed from the land to which it is appurtenant; it may be commenced by grant; and an uninterrupted usage for twenty years is evidence of a grant. In most other respects, commons appendant and appurtenant agree. 2 Greenl. Cruise, Dig. 5; Bouv. Inst, note 1650; 30 Eng. Law & Eq. 176; 15 East, 108. Common Because of Vicinage. The right which the inhabitants of two or more contiguous townships or villas have of inter-commoning with each other. It ought to be claimed by prescription, and can only be used by cattle levant and couchant upon the lands to which the right is annexed, and cannot exist except between adjoining townships, where there is no intermediate land. Co. Litt. 122a; 4 Coke, 38a; 7 Coke, 5; 10 Q. B. 581, 589, 604; 19 Q. B. 620; 18 Barb. (N. Y.) 523. It is, indeed, only a permissive right, intended to excuse what, in strictness, 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. 12a; Bracton, fol. 222. Dr. Wooddeson observes that Blackstone's account of common pur cause de vicinage is not properly a definition, but rather a descriptive example or illustration, there being other occasions when the excuse for trespass may be used. 2 Wooddeson, Lect. 50. Common In Gross. A right of common which must be claimed by deed or prescription. It has no relation to land, but is annexed to a man's person, and may be for a certain or an indefinite number of cattle. It cannot be aliened so as to give the entire right to several persons to be enjoyed by each in severalty. And where it comes to several persons by operation of law, as by descents, it is incapable of division among them, and must be enjoyed jointly. Common appurtenant for a limited number of cattle may be granted over, and by such grant becomes common in gross. Co. Litt. 122a, 164a; 5 Taunt. 244; 16 Johns. (N. Y.) 30; 2 Bl. Comm. 34. See, generally, Viner, Abr.; Bac. Abr.; Comyn, Dig.; 2 Sharswood, Bl. Comm. 34 et seq.; 2 Washb. Real Prop. 4.

An lncorpo which consists in a profit which has in connection with one or moi in the land of another. Trustees of W( University of Pennsylvania v. Robinson, 12 S. & R. (Pa.) 32; Van Rensselaer v. Radcliff, 10 Wend. (N. Y.) 647, 25 Am. Dec Livingston v. Ten Broeck, 1G Johns. (N. Y. i 14, 8 Am. Dec. 287; Leyman v. AheeL 16 Johns. (X. Y.) 30; Thomas v. Inhabitants of Marshneld, 10 Pick. (Mass.) 864; 3 Kent 403. Common of digging, or common in the soil, is the right to take for one's own use part of the soil or minerals in another's lands; the most usual subjects of the right are sand, gravel, stones and clay. It is of a very similar nature to common of esand of turbary. Elton, Com. 109; Black, L. Diet. Common of estovers is the liberty of taking necessary wood, for the use of furniture of a house or farm, from another man's estate. This right is inseparably attached to the house or farm, and is not apportionable. If. therefore, a farm entitled to estovers be divided by the act of the parti/ among al tenants, neither of them can take estovers, and the right is extinguished; 2 Bla. Com. 34; Plowd. 381; Vai dcliff, 10 Wend. (N. Y.) 639, 25 Am, Dec. 582. It is to be distinguished from the riu'ht to estovers which a tenant for life has in the estate which he occupies. See Estovers. Common of pasture is the right of feeding one's beast on another's land. It is either appendant, appurtenant, because of vicinage, or in gross. Common of piscary is the liberty of fishing in another man's water. 2 Bla. Coin. 34. See Fishery. Common of shack. The right of persons occupying lands, lying together in the same common field, to turn out their cattle after harvest, or where lands were fallow, to feed promiscuously in that field; Steph. Com., 623; 1 B. & Aid. 710. Common of turbary is the liberty of digging turf in another man's ground. Common of turbary can only be appendant or appurtenant to a house, not to lands, because turves are to be spent in the bouse; 4 Co. 37; 3 Atk. 189; Noy 145; 7 Bast 127. The taking seaweed from a beach Is a commonable right in Rhode Island: Knowles v. Nichols. 2 Curt. C. C. 571, Fed. Cas. No. 7.S97; Kenyon v. Nichols, 1 R. I. 100; Hall v. Lawrence. 2 R. I. 21S. 57 Am. Dec. 715; lands on the Chesapeake Bay, on the shore of the sea, or of any river or creek, and the bed of any river or creek in the eastern part of the commonwealth, ungranted and used as common; Va. Code, c. 62, § 1. In most of the cities and towns in the United States, there are considerable tracts of land appropriated to public use. These commons were generally laid out with the cities or towns where they are found, either by the original proprietors or by the early inhabitants. See Pabks. Where land thus appropriated has been accepted by the public, or where individuals have purchased lots adjoining land so appropriated, under the expectation excited by its proprietors that it should so remain, the proprietors cannot resume their exclusive ownership; Abbott v. Mills, 3 Vt. 521, 23 Am. Dec. 222; Emerson v. Wiley, 10 Pick. (Mass.) 310; Stiles v. Curtis, 4 Day (Conn.) 328; Proctor v. Ferebee, 36 N. C. 144, 36 Am. Dec. 34; Carr v. Wallace, 7 Watts (Pa.) 394. And see Mansfield v. Hawkes, 14 Mass. 440; Rogers v. Goodwin, 2 Mass. 475; White v. Smith, 37 Mich. 291; Emerson v. Thompson, 2 Pick. (Mass.) 475; Trustees of Western University v.;Robinson, 12 S. & R. (Pa.) 32; State v. Trask, 6 Vt. 355, 27 Am. Dec. 554. Common Appendant. Common of pasture appendant is a right annexed to the possession of land, by which the owner thereof is entitled to feed his beasts on the wastes of the manor. It can only be claimed by prescription: so that it cannot be pleaded by way of custom; 1 Rolle, Abr. 396; 6 Coke 59. It is regularly annexed to arable land only, and can only be claimed for such cattle as are necessary to tillage, as horses and oxen to plough the land, and cows and sheep to manure it; 2 Greenl. Cruise, Dig. 4, 5; Van Rensselaer v. Radcliff, 10 Wend. (N. Y.) 647, 25 Am. Dec. 5S2. Common appendant may by usage be limited to any certain number of cattle; but where there is no such usage, it is restrained to cattle levant and couchant upon the land to which it is appendant; Digb. R. P. 156; 2 M. & R. 205; 2 Dane, Abr. 611, § 12. It may be assigned; and by assigning the land to which it is appended, the right passes as a necessary incident to it. It may be apportioned by granting over a parcel of the land to another, either for the whole or a part of the owner's estate; 4 Co. 36; 8 id. 78. It may be extinguished by a release of it to the owner of the land, by a severance of the right of common, by unity of possession of the land, or by the owner of the land, to which the right of common is annexed, becoming the owner of any part of the land subject to the right; Bell v. R. Co., 25 Pa. 161, 64 Am. Dec. 6S7; Livingston v. Ten Common of estovers or of piscary, which may also be appendant, cannot be apportioned; 8 Co. 78. But see Hall v. Lawrence, 2 R. I. 218, 57 Am. Dec. 715. Common Appurtenant. Common appurtenant differs from common appendant in the following particulars, viz.: it may be claimed by grant or prescription, whereas common appendant can only arise from prescription; it does not arise from any connection of tenure, nor is it confined to arable land, but may be claimed as annexed to any kind of land; it may be not only for beasts usually commonable, such as horses, oxen, and sheep, but likewise for goats, swine, etc.; it may be severed from the land to which it is appurtenant, it may be commenced by grant; and an interrupted usage for twenty years is evidence of a grant. In most other respects commons appendant and appurtenant agree; 2 Greenl. Cruise, Dig. 5; 30 E. L. & Eq. 176; 15 East 108. Common because of Vicinage. The right which the inhabitants of two or more contiguous townships or vills have of intercommoning with each other. It ought to be' claimed by prescription, and can only be used by cattle levant and couchant upon the lands to which the right is annexed r and cannot exist except between adjoining townships, where there is no intermediate land; Co. Litt. 122 a; 4 Co. 38 a; 7 id. 5; 10 Q. B. 581, 589, 604; Smith v. Floyd, 18 Barb. (N. Y.) 523. Common in Gross. A right of common which must be claimed by deed or prescription. It is a personal and not a prsedial right It has no relation to land, but is annexed to a man's person, and may be for a certain or indefinite number of cattle. It cannot be aliened so as to give the entire right to several persons to be enjoyed by each in severalty. And where it comes to several persons by operation of law, as by descent, it is incapable of division among them, and must be enjoyed jointly. Common appurtenant for a limited number of cattle may be granted over, and by such grant becomes common in gross; Co. Litt. 122 a, 164 o; 5 Taunt. 244; Ley man v. Abeel, 16 Johns. (N. Y.) 30; 2 Bla. Com. 34. See Viner, Abr. Common; Bacon, Abr. Common; Com. Dig. Common; 2 Bla. Com. 34; 2 Washb. R. P.; Williams, Rights of Common (1880); 3 Holdsw. Hist. E. L. 120.

As an adjective, thla word denotes usual, ordinary, accustomed; shared amongst several; owned by several Jointly. State v. O'Conner, 49 Me. 596; Koen v. State, 35 Neb. 676, 53 N. W. 595, 17 In 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. Calied "common" because thereby every man's estate is assured to him. 2 Bl. 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 removed. Wharton.

— Common fine. In old English law. A certain snm of money which the residents in a leet paid to the lord of the leet, otherwise called "head silver," "cert money," (q. v.,) or "certum, letes." Termes de 1a Ley; Cowell. A sum of money paid by the inhabitants of a manor to their lord, towards the charge of holding a court ieet. Bailey, Diet.

— Common form. A will is said to be proved in common form when the executor proves it on his own oath: as distinguished from "proof by witnesses," which is necessary when the paper propounded as a will 1b dispnted. 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, il8 Ga. 486, 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 doctrine. Dyer, 27b, 33.

— Common place. Common pleas. The English court of common pleas is sometimes so called in the old books.

— Common prayer. The liturgy, or public form of prayer prescribed by the Church of England to be used in ali 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 certnin fact or aggregation of facts. Brown v. Foster, 41 S, C. 118, 19 S. El 299.

— Common right. A term applied to rights, privileges, and immunities appertaining to and enjoyed by nil citizens equally and in common, and which have their foundation in the common law. Co. Inst. 142a; Spring Valley Waterworks 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. Slate v. O'Co.n-ner, 49 Me. 596; State v. Nutt, 28 Vt. 598; Moundsville v. Fountain. 27 W. Va. 194; ComV. Tubbs, 1 Cush. (Mass.) 2.

— 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 direct the conduct and actions of the individual in a manner to agree with the behavior 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," "Carrier," "Chase," "Coubcil," "Counts," "Diligence," "Day," "Debtor," "Drunkard," "Error," "Fishery," "Highway," "Informer," "Inn," "Intendment," "Intent," "Jury," "Labor," "Nuisance," "Property," "School," "Scold," "Stock," "Seal," "Sergeant," "Traverse," "Vouchee," "Wall," see those titles. For Co.mmons, House of, see House of COM MONS.

n. An incorporeal hereditament which consists in a profit which one man has in connection with one or more others in the land of another. Trustees v. Robinson, 12 Serg. & R. (Pat) 31; Van Rensselaer v. Radeliff, 10 Wend. (N. Y.) 647, 25 Am. Dec. 582; Watts v. Coffin, 11 Johns. (N. Y.) 498. Common, in English law, is an Incorporeal right which lies in grant, originally commencing on some agreement 'between lords and tenants, which by time has been formed into prescription, and continues good, although 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, ls a right or privilege which several persons have to the produce of the lands or waters of another. Thus common of pasture ls 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 necessary wood and timber from the woods of the lord for fuel, fencing, etc. Van Rensselaer v. Radeliff, 10 Wend. (N. Y.) 647. The word "common" also denotes an uninclosed piece of land set apart for public or municipal purposes, in many cities and villages of the'United States. White v. Smith, 37 Mich. 291; Newport v. Taylor, 16 B. Mon. 807; Cincinnati v. White, 6 Pet 435, 8 In Ed. 452; Cummings v. St. Louis, 90 Mo. 259, 2 S. W. 130; Newell v. Hancock, 67 N. H. 244,-35 Atl. 253; Bath v. Boyd, 23 N. C. 194; Sinte v. McReynolds, 61 Mo. 210.
—Common appendant. A right annexed to the possession of arable land, by which the owner is entitled to feed his beasts on the lands of another, usually of the owner of the manor of which the lands entitled to common are a part. 2 Bl. Comm. 33; Smith v. Floyd, 18 Barb. (N. Y.) 527; Van Rensselaer v. Radeliff, 10 Wend. (N. Y.) 648.
—Common appnrtenant. A right of feeding one's beasts on the land of another, (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; Van Rensselaer v. Radeliff, 10 Wend. (N. Y.) 649; Smith v. Floyd, 18 Barb. (N. Y.) 527.
—Common because of vicinage is where the inhabitants of two townships 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 permissive right, intended to excuse what, in strictness, is a trespass in bath, and to prevent a multiplicity of suite, and therefore either township may inclose and bar out the other, though they have intercommoned lime out of mind. 2 Bl. Comm. 33; Co. Litt. 122a.
—Common in gross, or at 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 corporation sole. 2 Bl. Comm. 34. It is a separate inheritance, entirely distinct from any other landed property, vested in the person to whom the common right belongs. 2 Steph. Comm. 6; Mitchell v. D'Olier, 68 N. J. Law, 375, 53 Atl. 467, 59 L. R. A. 949.
—Common of digging. Common of digging, or common in the soil, is the right to take for one's own use part of the soil or minerals in another's land; the most usual subjects of the right are sand, gravel, stones, and clay. It is of a very similar nafure to common of estovers and of turbary. Elton, Com. 109.
—Common of estovers. A liberty of taking necessary wood for the use or furniture of a house or farm from off another's estate, in common with the owner or with others. 2 Bl. Comm. 35. It may be claimed, like common of pasture, either by grant or prescription. 2 Steph. Comm. 10; Van Rensselaer v. Radcliff, 10 Wend. (N. Y.) 648.
—Common of fishery. The same as Common of piscary. See infra.
—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, Co.m. 118.
—Common of pasture. The right or liberty of pasfuring one's cattle upon another man's land. It may be either appendant, appurtenant, in gross, or because of vicinage. Van Rensselaer v. Radeliff, 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 Bl. Comm. 34. A liberty or right of fishing in the water covering the soil of another person, or in a river running through another's land. 3 Kent, Comm. 409. Hardin v. Jordan, 140 U. 'S. 371, 11 Sup. Ct 808, 35 In Ed. 428; Albright v. Park Comin, 68 N. J. Law, 523, 53 Atl. 612; Van Rensselaer v. Radeliff, 10 Wend. (N. Y.) 649. 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 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. Common of turbary, in its modem sense, is the right of taking peat or furf from the waste land of another, for fuel in the commoner's house. Williams, 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. 53b, 222b; 2 Steph. Comm. 6, 7; 2 Bl. Comm. 34.
—Common, tenants in. See Tenants in Common.

A right to take a profit in the land of another, either with the owner, or with others, as to feed beasts, catch fish, dig turf, cut wood, or the like; a space of ground in a town or other municipal district, set apart for public use. Common appendant: an immemorial right of tenants in a manor to feed their commonable cattle on other lands of the manor. Common appurtenant: a right of feeding cattle, commonable or not commonable, on the land of another. Common because of vicinage (pur cause de vicinage): a right of common arising out of permissive intercommoning between adjoining townships, the cattle of each having been usually allowed to stray in the fields of the other. Common in gross, or at large: a right of common vested in a person or corporation, not annexed to land. Common of estovers: a right to take necessary wood for the use or furniture of a house or farm. Common of pasture: the right of feeding one's cattle on another's land, in common with the owner, or with other persons. Common of piscary, or fishery: the right or liberty of fishing in another man's water. It is different from a right of common fishery, v. Common fishery. Common of shack: a species of common by vicinage, prevailing in parts of England, which is a right of persons occupying lands lying in a common field, to turn out their cattle after harvest to feed promiscuously in that field; a kind of common pur cause de vicinage. Common of turbary: a right of common for the digging of turf on another man's ground. It may be either by grant or prescription, and may be either appurtenant or in gross; but it can be appurtenant only to a house, not to land; and it can be only for use as fuel in that house. 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.

As an adjective, this word denotes usual, ordinary, accustomed; shared among several; owned by several jointly.

1, adj. (1) Belo Dging to, or participated in, by several or more persons; mutual: as, a common — ancestor, benefit, labor or service, mastei-, property, recovery, tenants iu common, 2 qq, v. (2) Originating with, or subsisting for, the people at large; belonging to, or affecting, the public; not private, but public or general, g. 1).: as, a common or the common — bench, carrier, 'council, fishery, highvcay, inn, law, nuisance, pleas, right, schools, way, qqi v. (3) Ordinary, usual, customary, familiar; opposed to special: as, common or a common— appearance, assumpsit, assurance, bail, bar, bond, care or diligence, costs, count, informer, intendment, intent, jury, mortgage, seal, stock, traverse, warranty, qq. V. (4) Frequent, habitual: as, common offenders— barrator, drunkard, gambler, prostitute, scold, thief, qq. v. Three distinct acts of sale of liquors are necessary to constitute a "common " seller. Such has been the rule as to common barrator, and other cases of this nature.^ (5) Ordinary; manual; opposed to mental or intellectual: as, common labor, q. v. 2, n. The common field; ground set apart for public uses.* The waste grounds of manors (q. v.) were called "commons."' Land appropriated to a public common may not be diverted to other uses, to the prejudice of individuals who have purchased lots adjoining it.* Where privileges of a public nature are beneficial ■ to private property, as in the case of land upon a public square, the enjoyment of the privileges will be protected, by injunction, against encroachment.^ See Dedication, 1. Common, or right of common. A profit which a man hath in the lands of another: ' County of St. Clair v. Lovingston, 23 Wall. 69 (1S74). = Chambers v. Harrington, 111 XJ. S. 352 (1884). a Commonwealth v. Tubbs, 1 Cush. 3 0848), Dewey.'j. * Patterson v. Mc Eeynolds, 61 Mo. 203 (1875); Crawford-!). Mobile, &c. R. Co., 67 Ga. 416 (1881). S2B1. Com. 32. '» See Emerson v. Wiley, 10 Kck. 315 (1831); Carr v. Wallace, 7 Watts, 394 (1838); Abbott v. Mills, 3 Vt. S25 (1831); State v. Trask, 6 id. 864 (1834). ■' Wheeler v. Bedford, 54 Conn. 248-49 (1886), cases: 2 Story, Bq. § 927; High, Inj. § 551. ■ An injunoti'on to prevent inclosing part of a town common or public as, to feed his beasts thereon, to catch fish, to cut wood.' Commoner. A person invested with a right of common. Existed between the owner of a manor and his feudal tenants, — for the encouragement of agriculture. The tenant's right was to pasture his cattle, provide necessary food and" fuel for his family, and repair his implements of husbandry, from the lord's land. 2 An incorporeal hereditament. The right usually meant is common of pasture: the right of feeding beasts on another's land. There was also common of estovers: the liberty of taking necessary wood, for use of house or farm — house-bote, fire-bote, hay-bote, hedge-bote, etc.; common of piscary; the liberty of fishing (g. t) ) in another's water; common of turbary: a right to dig turf; common in the soil: a right to dig for minerals, etc. All the species result from the same necessity — the maintenance and carrying on of husbandry. ' Commonable beasts. Beasts of the plow; beasts which manure the ground. Inter-commoning. Where the beasts of adjacent manors have immemorially fed upon adjoining commons. Commons of pasture were appendant, when regularly annexed to arable land,— for the support of commonable beasts; appiirtenant, when annexed to lands in other lordships,— for the support of all kinds of animals, and arose neither from necessity nor from any connection of tenures; in gross or at large, when annexed to » man's person, by grant to him and his heirs; because of vicinage, when -the inhabitants of adjoining townships intercommoned.' See Feud. The right of common, with many of its old common-law incidents, was formerly recognized in this country, particularly in the middle and eastern States.* 1 2 Bl. Com. 32. " 3 Kent, 403. ^ ' 2 Bl. Com. 33-35; 3 id. 237. *See Watts v. Cof Hn, 11 Johns. *493 (1814),— as to lands in the city of Hudson, Columbia country, N. Y.; Livingston v. Ten Broeck, 16 id. "15 (1819),— town of Livingston, same county; Leyman v. Abeel, ib. *S0 (1819),

— Catskill patent; Van Rennselaer v. Radcliff, 10 Wend. »639 (1833),— town of Guilderland, Albany county. See also Western University of Pennsylvania v. Robinson et al., 12 S. & R. *S9 (1824), and Carr v. Wallace, 7 Watts, 394 (1833),- both as to one hundred acres of land in the town of Allegheny, Pa. (now constituting the parks in the central portion of the city), in which the State, in 1787, created the right of " common of pasture " in the purchasers of " in-lots " in the plan of lots laid out and sold by the State for the purpose of raising money with which to pay public debts. In 1819 the legislature, without the consent of the owners of those lots, granted ifty acres of these

A profit which one man has in the profit a prendre, usually common of pasture. pendant: an immemorial right of tenants commonable cattle on other lands of the same mon appurtenant: a right of feeding another, enjoyed by the holder of certain land. • grant, and may extend to cattle not commonable. because of vicinage (pur cause de inhabitants of two adjoining townships have their cattle to feed in either. 4. Common large: common vested in a person or to land. 5. Common nombre fact. It is now diusually made before a person or estate was called his comv. Assize. 6. Com- Commission of the 8. Commission of in chancery; it authorized them to laws and bring him of revie^w: v. 2. for crime or conof a defendant's or dry, belonging loan of a specific Commodum ejus esse the risk ought to sua nemo habere tort. land of another, a 1. Common apin a manor to feed manor. 2. Comcattle on the land of It is created by 3. Common vicinage, _/^.): where mutually permitted in gross or at corporation, not annexed without stint, 6. Common of estovers for use or repairs. 7. 8. Common of turbary in the soil: liberty of de Schack; a kind of by special custom in the occupiers of land in the Common assurances, v. Common bar: Blank as distinguished from the Pleas; v. Courl. Common differently for all the persons or goods without mon counts: certain to recover money due are usually added to the bi Uty of a variance, and which result in an imphed day; v. Day. Common form: proof of a will opposed to proof per disputed. Common strained, construction. laiw: 1. Eughsh law, as canon law; 2. That part on statutes; 3. Law equity or admiralty; 4. special or local. Common may affect, the public or son or persons. Common pleas; civil cases; v. Recovery. Common sidered a nuisance at castigatory or cucldng-stool, pole. She was placed Common traverse;

[Lat. communis.] Bracton distinguishes between common and public. Publica ita accipiuntur qua sunt omnium popuhrum, i. quce spectant ad usum hominum tantum. Communia vero did poterunt aliquando quce sunt omnium animantium. Public things are understood to mean those which belong to all people, that is, with reference to the use of tnen only. Common things may be defined to be those which belong to all living creatures. Bract, fol. 8.

or right of common, in the English law, is an incorporeal hereditament which consists in «@ profit which a man has in the lands of another. Common is of four sorts j of pasture, piscary, turbary and estovers. Finch’s Law, 157; Co. Litt. 122; 2 Inst. 86; 2 Bl. Com 32. 1. Common of pasture is a right of feeding one’s beasts on another’s land, and fs either appendant, appure tenant or in gross. Common appens dant is of common right, and it may be claimed in pleading as appendant without layinga prescription. Hargr. note to 2 Inst. 122, a, note. Rights of common appurtenant to the claime of the tenure,.and do not arise from any absolute necessity; but may be annexed to lands in other lordships, or extended to other beasts, besides such as are generally commonable. Common in gross, or at large ig such as is neither appendant nor appurtenant to land, but is annexed toa man’s person. All these specics of pasturable common, may be and usually are limited as to number and time; but there are also common without stint, and which last all the year. 2 Bl. Com. 34. 2. Common of piscary is a liberty of fishing in another man’s water. Ib. See Fishery. 3. Common of turbary isa liberty of turf in another man’s desing ground. Ib. 4. Common of estovers isa liberty of taking necessary wood for the use or furniture of a house or. farm from another man’s estate. Ib. See Estovers. See, in general, ‘Vin. Abr. Common; Bac. Abr. Common; Com. Dig. Common; Stark. Ev. part 4,p. 383; Cruise on Real Prop. h. t.