Common

TENANTS IN. See "Tenant."

TENANTS IN. See Estate in Common.

Customary, usual, ordinary; as, common appearance, assurance, bail, bond, care, count, informer, intendment, jury, traverse, etc.; originating with, or existing for, the public, or belonging to or affecting the public; as, a common carrier, council, inn, nuisance, school, way, etc.; belonging to or shared by several; as, a common ancestor, benefit, recovery, etc.; habitual or frequent; as, a common barrator, drunkard, thief, etc. Common assurances: the several modes or linstruments or conveyance established or authorized by the law of England, v. Assurance. Common bail: a species of bail intended only to express the appearance of a defendant in cases where special bail is not required, v. Bail; Common. Common bar: a plea in an action of trespass, otherwise called blank bar. V. Blank bar. Common barretor: one who frequently excites and stirs up suits and quarrels, either at law or otherwise, v. Barretor;

TENANTS IN. See Ten- ANTS 1N CoMMON.

tenancy in.: a liberty of taking wood necessary Common of piscary: liberty of.fishing.: liberty of digging turf. 9. Common mining or quarrying. 10. Common Common pur cause de vicinage existing east of England, after harvest, among same common field. Assurance. Common bail: v. Bail. bar. Common Bench: the Bench, King's Bench, the Court of Common carrier: a carrier who carries inworld; one who undertakes to carry special contract; v. Carrier. Comgeneral forms of declaration in actions when a debt has been incurred. They special counts, to prevent the possicover the ordinary cases of contracts promise to pay money. Common fine: like Ceri money. Common by the executor on his own oath; as testes (by witnesses) when the will was intendment: natural sense, a simple, not Common jury; v. Jury. Common distinguished from foreign, civU, or of English law which does not depend administered in the common-law courts, not General customs, as distinguished from nuisance: one affecting, or which people generally, not a particular perplace: common pleas. Common Court, Plea. Common recovery: v. scold: a woman of tliis kind was concommon law, and was punished by the a species of chair on the end of a thereon, and immersed in a pond of water. v. Traverse. Common vouchee; v. When there two for of possession" is necessary; titles; or \mder the same title under the same instrument by are to take in distinct shares. and estates in common are subject V. Coparcenary, Joint tenancy.

[L. Fr. comon, comen, comun; L. Lat- communia, q. v.] A profit which a man hath in the land of another; as to feed his beasts, to catch fish, to dig turf, to cut wood, or the like. 2 Bl. Com. 32. 2 Steph. Com. 3. — A right or privilege which one or more persons claim, to take or use some part of that which another man's lands, waters, woods, <fec., naturally produce, without having an absolute property in such lands, waters, woods, he. 1 Crah Vs Real Prop. 267, 268, § 268. — A privilege which a man may enjoy of taking a profit, in common with many, in the land of another, as to feed his beasts, <&c. Hoscoe's Real Act. 366. — ^A right of taking a profit in the land of another, in common either with the owner or with other persons,* The radical meaning of the term common, in all its appU(^ations, is — something enjoyed by more than one person; properly, by many together. Co. Litt. 122 a. Savage, C. J., 10 Wendel Vs R. 639, 647. Common, in English law, is an mcorporeal 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 Co. 37. 1 Crabb's Real Prop. 268, § 268. It is chiefly ^of four sorts; common of pasture, of piscary, of turbary, and of estovers, (qq. V.) It is little known or used^in this country, and probably does not exist in any of the northern or western parts of the United States which have been settled since.the revolution. 3 Kent's Com. 404. The term, however, is frequently used to denote a space or tract of ground in a town or other municipal district, set apart for the public use of the inhabitants. 2 Hilliard's Real Prop. 77. See U. S. Digest and Supplemint, Common. As to the etymology of the word, the. Lat. communia is derived by Bracton from cum, with, and una, together, or by transposition, from una, and cum, the word alio (another) or aliis (others) being understood. Bract, fol. 208, 222. Whatever may be said of the correctness of this derivation, it serves to show with great force the original meaning of the term, as deriving its name from the community of interest which arises between the claimant of the right and the owner of the soil, or between the claimant and other commoners entitled to the same right. 2 Steph. Com. 3. Lord Coke says it is so called because it is common to many. Co. Litt. 122 a. Cowell applies the term to the land or water itself of which the use is common to this or that town, &c. And hence, no doubt, the popular meaning of common, as a waste or unenclosed ground; that having been the kind of ground originally subject to the right. 2 Steph. Com. 4.

TENANTS IN, vide Tenant in common; Estate in common.