Common Bench

The ancient name for the court of common pleas.

The ancient name for the court of common pleas. See Bench; Bancus Communis.

Tlie English court of common pleas was formerly so called. Its original tille appears to have been simply “The Bench,” but it was designated “Common Bench” to distinguish it from the “King's Bench,” and because in it were tried and determined the causes of common persons, #, e., causes between subject and subject, in which the crown had no interest, Ing ft ia to carry chattels for all persona who may choose to employ and remunerate him. Schouler, Bailm. 297. Every one who offers to the public to car- ‘Ty persons, property, or messages, excepling only telegraphic messages, is a common carrier of whatever he thus offers to carry. Civil Code Cal. § 2168. A commen carrier is one who holds himself out to the public to carry persous or freight for hire. 24 Conn. 479. At common law, & common carrier is an insurer of the goods intrusted to him, and he is responsible for all losses of the same, saye such as are occasioned by the act of God or the public enemy. 15 Minn, 279, (Gil. 208,} Common carriers are of two kinds,—by land, ws owners of stages, stage- wagons, railroad 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-

[L. Lat. communis bancus; L. Fr. le commun bank.] The former title of the English court of Common Pleas, and still sometimes used in the reports. Its original title seems to have been simply "The Bench;" the epithet "common" being added probably to distinguish it from the King's or Queen's Bench, as being originally established for the trial of common causes, (communia placita,) or controversies between common persons, that is, between subject and subject. 1 Reeves' Hist. Eng. Law, 67, 68. 3 Bl. Com. 37 — 40. Camd. Brit. 113. 8 Co. pref. See Bench, Bancus, Common Pleas, Court of.

bancus communis. The court of common pleas was anciently called common bench, because the pleas and controversies there determined were between common persons.