Common

Common carrier
(Law) one who undertakes the office of carrying (goods or persons) for hire. Such a carrier is bound to carry in all cases when he has accommodation, and when his fixed price is tendered, and he is liable for all losses and injuries to the goods, except those which happen in consequence of the act of God, or of the enemies of the country, or of the owner of the property himself.

Common chord
(Mus.) a chord consisting of the fundamental tone, with its third and fifth.

Common council
the representative (legislative) body, or the lower branch of the representative body, of a city or other municipal corporation.

Common crier
the crier of a town or city.

Common divisor
(Math.) a number or quantity that divides two or more numbers or quantities without a remainder; a common measure.

Common gender
(Gram.) the gender comprising words that may be of either the masculine or the feminine gender.

Common law
a system of jurisprudence developing under the guidance of the courts so as to apply a consistent and reasonable rule to each litigated case. It may be superseded by statute, but unless superseded it controls.

Common lawyer
one versed in common law. - Wharton.

Common lewdness
(Law) the habitual performance of lewd acts in public.

Common multiple
(Arith.) See under Multiple.

Common noun
(Gram.) the name of any one of a class of objects, as distinguished from a proper noun (the name of a particular person or thing).

Common nuisance
(Law) that which is deleterious to the health or comfort or sense of decency of the community at large.

Common pleas

one of the three superior courts of common law at Westminster, presided over by a chief justice and four puisne judges. Its jurisdiction is confined to civil matters. Courts bearing this title exist in several of the United States, having, however, in some cases, both civil and criminal jurisdiction extending over the whole State. In other States the jurisdiction of the common pleas is limited to a county, and it is sometimes called a county court. Its powers are generally defined by statute.

Common prayer
the liturgy of the Church of England, or of the Protestant Episcopal church of the United States, which all its clergy are enjoined to use. It is contained in the Book of Common Prayer.

Common school
a school maintained at the public expense, and open to all.

Common scold
(Law) a woman addicted to scolding indiscriminately, in public.

Common seal
a seal adopted and used by a corporation.

Common sense
a -	A supposed sense which was held to be the common bond of all the others.
b -	Sound judgment. See under Sense. - Trench.

Common time
(Mus.) that variety of time in which the measure consists of two or of four equal portions.

In common
equally with another, or with others; owned, shared, or used, in community with others; affecting or affected equally.

Out of the common
uncommon; extraordinary.

Tenant in common
one holding real or personal property in common with others, having distinct but undivided interests. See Joint tenant, under Joint.

To make common cause with
to join or ally one's self with.

The people; the community.

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.

(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.

Common appendant
a right belonging to the owners or occupiers of arable land to put commonable beasts upon the waste land in the manor where they dwell.

Common appurtenant
a similar right applying to lands in other manors, or extending to other beasts, besides those which are generally commonable, as hogs.

Common because of vicinage
the right of the inhabitants of each of two townships, lying contiguous to each other, which have usually intercommoned with one another, to let their beasts stray into the other's fields.

Common in gross
a common 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 other corporation sole.

Common of estovers
the right of taking wood from another's estate. - Blackstone.

Common of pasture
the right of feeding beasts on the land of another.

Common of piscary
the right of fishing in waters belonging to another. - Burill.

Common of turbary
the right of digging turf upon the ground of another.

v. i.

To converse together; to discourse; to confer.

Embassadors were sent upon both parts, and divers means of entreaty were commoned of.

- Grafton.

To participate.

To have a joint right with others in common ground.

To board together; to eat at a table in common.

Noun	1.	common - a piece of open land for recreational use in an urban area; "they went for a walk in the park" Synonyms: commons, green, park
Adj.	1.	common - belonging to or participated in by a community as a whole; public; "for the common good"; "common lands are set aside for use by all members of a community" Antonyms: individual - being or characteristic of a single thing or person; "individual drops of rain"; "please mark the individual pages"; "they went their individual ways"
	2.	common - of no special distinction or quality; widely known or commonly encountered; average or ordinary or usual; "the common man"; "a common sailor"; "the common cold"; "a common nuisance"; "followed common procedure"; "it is common knowledge that she lives alone"; "the common housefly"; "a common brand of soap" Antonyms: uncommon - not common or ordinarily encountered; unusually great in amount or remarkable in character or kind; "uncommon birds"; "frost and floods are uncommon during these months"; "doing an uncommon amount of business"; "an uncommon liking for money"; "he owed his greatest debt to his mother's uncommon character and ability"
	3.	common - common to or shared by two or more parties; "a common friend"; "the mutual interests of management and labor" Synonyms: mutual
	4.	common - commonly encountered; "a common (or familiar) complaint"; "the usual greeting" Synonyms: usual
	5.	common - being or characteristic of or appropriate to everyday language; "common parlance"; "a vernacular term"; "vernacular speakers"; "the vulgar tongue of the masses"; "the technical and vulgar names for an animal species" Synonyms: vernacular, vulgar
	6.	common - of or associated with the great masses of people; "the common people in those days suffered greatly"; "behavior that branded him as common"; "his square plebeian nose"; "a vulgar and objectionable person"; "the unwashed masses" Synonyms: unwashed, vulgar, plebeian
	7.	common - of low or inferior quality or value; "of what coarse metal ye are molded"- Shakespeare; "produced...the common cloths used by the poorer population" Synonyms: coarse
	8.	common - lacking refinement or cultivation or taste; "he had coarse manners but a first-rate mind"; "behavior that branded him as common"; "an untutored and uncouth human being"; "an uncouth soldier--a real tough guy"; "appealing to the vulgar taste for violence"; "the vulgar display of the newly rich" Synonyms: rough-cut, uncouth, vulgar, coarse
	9.	common - to be expected; standard; "common decency"

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. 34.
     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 people.
     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.

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