(238) tic, and the committee of the estate being responsible for its proper management. Elm. Pr. Lun. passim; Pope Lun. 92. - 1. In general.-In the technical sense of the word, a common (or right of common) is the right of taking some part of any natural product of the land or water belonging to another man in common with him. Therefore, the right to take the whole of the product, or to exclude the owner from taking it, is not a common-though sometimes called a sole common-but an estate in land: "For it is against the nature of this word common, and it was implied in the first (239) : grant that the owner of the soil should take his been arable. Wms. Comm. 31; Wms. Real reasonable profit there." (Co. Litt. 122a.) Prop. Append. (c); Elt. Com. 47. See APPENDHence, also, a right of common cannot be ANT; LEVANT AND COUCHANT. claimed by custom, because, the number of claimants under a custom being indefinite, the subject of the right would be liable to be entirely destroyed. (Wms. Comm. 194; Shelf. R. P. Stat. 30.) The only exception to this rule occurs in the case of copyholders, who may claim a right of common against their lord by virtue of a custom in the manor. The reason of this is, that copyholders are but tenants at will to their lord, and therefore cannot claim by prescription, except in his name; as they could not claim a right in his name against himself, they would not be able to claim at all if they were not allowed to claim under a custom. (Wms. Comm. 17; Elt. Copyh. 215.) Most rights of common may be created by grant 27. Simple-Reciprocal-Alternate. appurtenant is a right annexed to certain lands, 26. Appurtenant. -Common of pasture by virtue of which the owner of those lands feeds cattle on the soil of another person (Cooke Incl. 19; Wms. Comm. 168); it differs from the right of common appendant (supra ? 5) in all the characteristics which arise from the connection of the latter with the socage tenure of ancient arable land in a manor (Elt. Com. 62); it may, therefore, be held by copyholders or prescription since quia emptores, and is not necesstrangers to a manor, and may arise by grant or sarily confined to commonable beasts. Co. Litt. 122 a. See COMMONABLE, § 1. at the present day, or may be claimed by prescription. See APPENDANT; APPURTENANT; Lost GRANT; PRESCRIPTION. § 2. A common is an incorporeal hereditament, and a species of profit à prendre. See HEREDITAMENT; PROFIT. 3. A person having a right of common is called a "commoner." See COMMONABLE. 4. Common of pasture. Commons are of four principal kinds, viz., common of pasture, of estovers, of turbary, piscary; the remaining rights are generally classed together as miscellaneous. Common of pasture is the right of feeding one's beasts upon another's land; the most usual instances of this are: the right of the tenants of a manor to pasture their beasts on the waste, woodlands, &c., of the manor; the right of pasture over royal forests possessed by persons owning land within the forest (Commissioners of Sewers v. Glasse, L. R. 19 Eq. 134; Cooke Incl. 45), and the reciprocal rights of pasture possessed by owners of shack-lands, lammas-lands, lot-meadows, &c. (Cooke Incl. 42; infra &7, and COMMONABLE, 2.) But any owner of land in fee-simple may grant to another person the right of pasturing animals on his land, and the right of common so created may be either appurtenant or in gross. Wms. Comm. 168, 184. 5. Appendant.-Common of pasture is either appendant, appurtenant, because of vicinage, or in gross. (Co. Litt. 122a.) Common of pasture appendant is the right which every freehold tenant of a manor possesses to feed his cattle used in agriculture (i. e. horses, cattle and sheep) upon the lord's waste, provided they are levant and couchant on the tenant's freehold land. It is said to exist "of common right," because (as it is usually put) on every original feoffinent of arable land to be held of the manor in socage, the law, without express words, presumed a grant of sufficient pasture in the waste for the beasts' levant and couchant on the land, The more correct view appears to be that the -Common of pasture appurtenant may be either simple or reciprocal: the former occurs where the owner of the waste has no pasture over the tenant's land in return, the latter where neighbors have a mutual right of turning out cattle to feed on each other's land. The simple right is usually exercised upon the waste of a manor by the tenants, and strangers who can show a grant or prescribe; these may be either individual land-owners in the neighborhood, or a whole The reciprocal right is found in shack-fields, body of tenants within an adjoining lordship. and open meadows or common fields, which at certain seasons are open to the cattle of all the proprietors of allotments. Such a right may also be alternate as well as reciprocal, (Elt. Com. 65; Wms. Comm. 57,) as if one township has common in another during one season, and the second has common in the first during the next, and so on. Anon., 1 Dyer 47 b. 8. Pur cause de vicinage. Common because of vicinage ("pur cause de vicinage," causa vicinagii) is where the tenants of two adjoining manors, the inhabitants of two adjoining townships, or the owners of two contiguous pieces of land, (see Jones ข. Robin, 10 Ad. & E. (N. S.) 620,) have from time immemorial "intercommoned," i. e, allowed each other's cattle to stray and pasture on each other's land, or on a waste or open field lying between their lands. The reason for which this kind of common is allowed in law to exist is to avoid the (240) created either (1) by the owner of a common of another, has been found to exist; in the case appurtenant for a fixed number of cattle alienating the common without the tenement to which it belongs, or (2) by the owner of land granting to another man and his heirs the right to put beasts on the land of the grantor, with or without restrictions as to number and time of year. It is also said, that a coninion in gross may be claimed by prescription in respect of mere inheritance. Wms. Com. 184. See PRESCRIPTION. 10. Certainty. -Common appendant, appurtenant, and in gross, are either certain by number, i. e. for a certain number of beasts, or certain by levancy and couchancy (q. v.) or sans nombre (q. v.) Co. Litt. 122 a. The following rights of common differ from common of pasture, in being limited to those parts of the land where the product is found, while common of pasture extends to every place across which the cattle may wander in search of food, although there may be no pasture there (Elt. Com. 229): 11. Common of estovers. -The right of taking from the woods or waste lands of another person a reasonable portion of his timber or underwood, for use in the commoner's ten6. ment. As to the different kinds of estovers, see (241) certain parish, without otherwise particularizing or describing the close, and the defendant himself happened to have any freehold land in the same parish, he frequently affected to mistake the close in question for his own, and pleaded what was called the " common bar," viz., that 82; 2 Ga. 349; 1 Pick. (Mass.) 51; 3 Wend. COMMON CARRIER, (defined). Dav. (U. S.) (N. Y.) 158, 161; 13 Id. 387, 611; 14 Id. 215, 225; 7 Hill (N. Y.) 533, 564; 1 Hayw. (N. C.) 14; 32 Pa. St. 208; 2 Wheel. Am. C. L. 524. the close in which the trespass was committed 556; 30 Miss. 231; 19 Barb. (N. Y.) 346; 28 Id. (who is). 2 Harr. (Del.) 48; 19 III. was his own freehold, which compelled the 403; 5 Duer (N. Y.) 43, 45; 10 Johns. (N. Y.) plaintiff to new assign, i. e. to assign his cause 1; 3 Wend. (N. Y.) 158; 5 Id. 33; 25 Pa. St. of complaint over again, alleging that he brought his action in respect of a trespass committed upon a different close from that claimed by the defendant as his own freehold. - Brown. 120; 4 Heisk. (Tenn.) 661. (who is not). 25 Mich. 329; 3 Abb. (N. Y.) App. Dec. 610; 19 Barb. (N. Ý.) 577; 12 Johns. (N. Y.) 232; 49 N. Y. 122; 1 Hayw. (N. C.) 14; 20 Ohio 69; 83 Pa. St. 446; 18 Tex. COMMON BARRETRY.-See BAR498; 2 Car. & P. 598; 2 Com. B. 887. RETRY, 2.. (carrying parcels by stage coach). 2 Dana (Ky.) 430; 1 Pick. (Mass.) 50, 53; 7 N. COMMON BARRETOR, (in an indictment). 11 H. 157; 3 Barb. (N. Y.) 388; 5 Rawle (Pa.) Pick. (Mass.) 438. (242) in his custody, unless he could prove a special Underh. Torts 42; Priestly v. Fowler, 3 contract to the contrary. (Chit. Cont. 455; Mees. & W. 1; Wiggett v. Fox, 11 Ex. 832. Hodg. Railw. 599.) Its principal provisions are: (1) that no carrier by land is to be liable for loss of or injury to certain valuable descriptions of property (coin, jewelry, pictures, &c.,) beyond the value of £10, unless their value was declared at the time of delivery (21); (2) that any carrier may require an increased rate of charge for such articles over the value of £10, by a notice affixed in his receiving house, and all persons delivering such articles are bound by the notice, without proof of its having come to their knowledge. (2.) As to the general effect of the act, see Chit. 457. The Railway and Canal Traffic Act, 1854, 87, contains further provisions limiting the liability of railway companies for loss or injury to horses, cattle, &c. Hodg. Railw. 592. (243) COMMON GAMBLER, (indictable at common law). 1 Dak. T. 293. COMMON GAMBLERS, (in a statute). 6 Abb. (N. Y.) Pr. N. s. 132. 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. - Wharton. COMMON HIGHWAY.-Any public, open highway. 3. Civil and criminal. - With reference to the subjects with which it deals, the common law is divided into civil and criminal. The former includes the two great branches of private rights arising out of contracts and torts (q. v.) The latter deals with crimes (q. v.) In addition to these subjects, the superior courts of common law had jurisdiction in other matters by means of the writs of habeas corpus, mandamus, and prohibition (q. v.) 4. Adoption of the common law. In the United States, the English common law has been adopted as the basis of ou COMMON INFORMER.--A person who prosecutes others for breaches of penal laws, or furnishes evidence on criminal trials, and receives as compensation the whole or a portion (usually a jurisprudence in all the States except moiety) of the amount of the penalty or fine recovered. See INFORMER. Louisiana. Many of its most valued principles have been embodied in the Unitea States constitution, and in those of the MON INTENT.-See INTENDMENT; INseveral States; and in many of them the 3. Joinder of issue is where one of the parties joins issue upon the previous pleading, or upon certain parts of it; that is to say, where the party whose turn it is to plead denies every material allegation 22. Joint ownership of choses in of fact in the previous pleading, or in a specified part of it, without alleging any action. In the case of bonds, covenants, contracts and other choses in action, when