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Home » Law Dictionary » C » COMMON

COMMON

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(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.

(adjective) – As an adjective, 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 “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 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 distinguished 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 doctrine. Dyer, 276, 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 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 common law. Co. Inst. 142a.; Spring Valley Waterworks v. Schottler, 62 Cal. 106Common 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’Conner, 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 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,” “Council,” “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 Commons, House of, see House of Commons.

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