|a.||1.||Belonging or relating equally, or similarly, to more than one; as, you and I have a common interest in the property.|
|2.||Belonging to or shared by, affecting or serving, all the members of a class, considered together; general; public; as, properties common to all plants; the common schools; the Book of Common Prayer.|
|3.||Often met with; usual; frequent; customary.|
|4.||Not distinguished or exceptional; inconspicuous; ordinary; plebeian; - often in a depreciatory sense.|
|6.||Given to habits of lewdness; prostitute.|
|n.||1.||The people; the community.|
|2.||An inclosed or uninclosed tract of ground for pleasure, for pasturage, etc., the use of which belongs to the public; or to a number of persons.|
|3.||(Law) The right of taking a profit in the land of another, in common either with the owner or with other persons; - so called from the community of interest which arises between the claimant of the right and the owner of the soil, or between the claimants and other commoners entitled to the same right.|
|v. i.||1.||To converse together; to discourse; to confer.|
|3.||To have a joint right with others in common ground.|
|4.||To board together; to eat at a table in common.|
COMMON. or right of common, English law. An encorporeal hereditament, which
consists in a profit which a man has in the lands of another. 12 S. & R. 32;
10 Wend. R. 647; 11 John. R. 498; 2 Bouv. Inst. 1640, et seq.
2. Common is of four sorts; of pasture, piscary, turbary and estovers.
Finch's Law, 157; Co. Litt. 122; 2 Inst. 86; 2 Bl. Com. 32.
3. - 1. Common of pasture is a right of feeding one's beasts on
another's land, and is either appendant, appurtenant, or in gross.
4. Common appendant is of common right, and it may be claimed in
pleading as appendant, without laying a prescription. Hargr. note to 2 Inst.
122, a note.
5. Rights of common appurtenant to the claimant's land are altogether
independent 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.
6. Common in gross, or at large, is such as is neither appendant nor
appurtenant to land, but is annexed to a man's person. All these species of
pasturable common, may be and usually are limited to number and time; but
there are also commons without stint, which last all the year. 2 Bl. Com.
7. - 2. Common of piscary is the liberty of fishing in another man's
water. lb. See Fishery.
8. - 3. Common of turbary is the liberty of digging turf in another
man's ground. Ib.
9.-4. Common of estovers is the liberty of taking necessary wood-for
the use or furniture of a house or farm from another man's estate. Ib.; 10
Wend. R. 639. See Estovers.
10. The right of common is little known in the United States, yet there
are some regulations to be found in relation to this subject. The
constitution of Illinois provides for the continuance of certain commons in
that state. Const. art. 8, s. 8.
11. All unappropriated 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 parts of the commonwealth, ungranted and used as common, it is
declared by statute in Virginia, shall remain so, and not be subject to
grant. 1 Virg. Rev. C. 142.
12. 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. Vide 2 Pick. Rep. 475;
12 S. & R. 32; 2 Dane's. Ab. 610; 14 Mass. R. 440; 6 Verm. 355. See, in
general, Vin. Abr. Common; Bac. Abr. Common; Com. Dig. Common; Stark. Ev.
part 4, p. 383; Cruise on Real Property, h.t.; Metc. & Perk. Dig. Common,
and Common lands and General fields.
COMMON, TENANTS IN. Tenants in common are such as hold an estate, real or
personal, by several distinct titles, but by a unity of possession. Vide
Tenant in common; Estate in common.
LAW, COMMON. The common law is that which derives its force and authority
from the universal consent and immemorial practice of the people. It has
never received the sanction of the legislature, by an express act, which is
the criterion by which it is distinguished from the statute law. It has
never been reduced to writing; by this expression, however, it is not meant
that all those laws are at present merely oral, or communicated from former
ages to the present solely by word of mouth, but that the evidence of our
common law is contained in our books of Reports, and depends on the general
practice and judicial adjudications of our courts.
2. The common law is derived from two sources, the common law of
England, and the practice and decision of our own courts. In some states the
English common law has been adopted by statute. There is no general rule to
ascertain what part of the English common law is valid and binding. To run
the line of distinction, is a subject of embarrassment to courts, and the
want of it a great perplexity to the student. Kirb. Rep. Pref. It may,
however, be observed generally, that it is binding where it has not been
superseded by the constitution of the United States, or of the several
states, or by their legislative enactments, or varied by custom, and where
it is founded in reason and consonant to the genius and manners of the
3. The phrase "common law" occurs in the seventh article of the
amendments of the constitution of the United States. "In suits at common
law, where the value in controversy shall not exceed twenty dollar says that
article, "the right of trial by jury shall be preserved. The "common law"
here mentioned is the common law of England, and not of any particular
state. 1 Gall. 20; 1 Bald. 558; 3 Wheat. 223; 3 Pet. R. 446; 1 Bald. R.
554. The term is used in contradistinction to equity, admiralty, and
maritime law. 3 Pet. 446; 1 Bald. 554.
4. The common law of England is not in all respects to be taken as that
of the United States, or of the several states; its general principles are
adopted only so far as they are applicable to our situation. 2 Pet, 144; 8
Pet. 659; 9 Cranch, 333; 9 S. & R. 330; 1 Blackf 66, 82, 206; Kirby, 117; 5
Har. & John. 356; 2 Aik. 187; Charlt. 172; 1 Ham. 243. See 5 Cow. 628; 5
Pet. 241; 1 Dall. 67; 1 Mass. 61; 9 Pick. 532; 3 Greenl. 162; 6 Greenl. 55;
3 Gill & John. 62; Sampson's Discourse before the Historical Society of New
York; 1 Gallis. R. 489; 3 Conn. R. 114; 2 Dall. 2, 297, 384; 7 Cranch, R.
32; 1 Wheat. R. 415; 3 Wheat. 223; 1 Blackf. R. 205; 8 Pet. R. 658; 5 Cowen,
R. 628; 2 Stew. R. 362.
, Mickey Mouse
, absolute interest
, all right
, artificial turf
, below the salt
, beneath contempt
, bowling green
, commonly known
, contingent interest
, equitable interest
, golf course
, golf links
, in common
, in the shade
, infra dig
, many times
, no great shakes
, not rare
, of common occurrence
, old hat
, pleasure garden
, pleasure ground
, public park
, pure and simple
, putting green
, rank and file
, right of entry
, second rank
, second string
, strict settlement
, third estate
, third rank
, third string
, universally admitted
, universally recognized
, vested interest
, village green
, widely known
, worn out
, worn thin