of both parties pass to their heirs, although if the 46 43 .47 ,50 COMMODITY." The word is derived from the France. Civ. Code art 1887. Spain. Civ. Code art 1742. 2897. Philippine.-Civ. Code art 1742. Porto Rico.-Civ. Code § 1644. Bolivia.-Civ. Code art 1899. France. Civ. Code art 1879. Guatemala.-Civ. Code art 1993. Italy. Civ. Code art 1807. Mexico. Civ. Code art 2791. Netherlands.-Civ. Code art 1780. Portugal. Civ. Code art 1509 (no exception). Uruguay.-Civ. Code art 2180. Venezuela.-Civ. Code art 1700. 4027. Civ. Code art 2180 (1). 41. Commodities clause in the Hepburn Act see Carriers § 47. 42. Rohlf v. Kasemeier, 140 Iowa 182, 186, 118 NW 276, 132 AmSR 261, 23 LRANS 1284, 17 AnnCas 750 [cit Webster D.]. 43. Queen Ins. Co. v. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. Co. 44. Queen Ins. V. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. 45. State v. Bovee, 17 OhS&CP 663, 665; Queen Ins. Co. v. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. 46. Rohlf v. Kasemeier, 140 Iowa 182, 186, 118 NW 276, 132 AmSR 261, 23 LRANS 1284, 17 AnnCas 750 [cit Webster D.]; Minot v. Winthrop. 162 Mass. 113, 119, 38 NE 512. 26 LRA 259; State v. Bovee, 17 OhS&CP 663, 665; Queen Ins. Co. v. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. Rohlf v. Kasemeier, 140 Iowa 47. 182, 186, 118 NW 276. 132 AmSR 261, 23 LRANS 1284. 17 AnnCas 750 [cit Webster D.]; Minot v. Winthrop, 162 Mass. 113, 119, 38 NE 512. 26 LRA 259; State v. Bovee, 17 OhS&CP 663, 665; Queen Ins. Co. v. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. 48. Anderson L. D. [quot McKeon v. Wolf, 77 Ill. A. 325, 333]. 49. State v. Bovee, 17 OhS&CP 663. 665; Queen Ins. Co. v. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. 50. Anderson L. D. [quot Beechley v. Mulville, 102 Iowa 602. 608. 70 NW 107, 71 NW 428, 63 AmSR 4791; Hamilton Mfg. Co. v. Massachusetts, 6 Wall. (U. S.) 632, 640, 18 L. ed. 904; Provident Sav. Inst. v. Massachusetts, 6 Wall. (U. S.) 611, 18 L. ed. 907; McKeon v. Wolf, 77 Ill. A. 325, 334; the exercise of a natural right, without aid from the government, and without affecting the rights or interests of others in such a way as properly to call for governmental regulation.59 .61 64 .65 In its secondary and well-understood commercial sense, 60 the term denotes that which affords advantage or profit; that which affords convenience or advantage, especially in commerce, including everything movable which is bought and sold;62 an article of trade or commerce;63 an article of trade or commerce, a movable article of value, something that is bought and sold; something that is produced or used and is the subject of barter or sale;6 something movable and tangible;66 something produced for use;67 any movable and tangible thing that is ordinarily produced or used as the subject of barter or sale; anything movable that is subject of trade or acquisition;69 all the movables which are the objects of commerce;' 70 almost any description of article called movable or personal estate;"1 goods, wares, and merchandise of any kind;"2 prop Rohlf v. Kasemeier, 140 Iowa 182, 186, 118 NW 276, 132 AmSR 261, 23 LRANS 1284, 17 AnnCas 750 [cit Webster D.]; Minot v. Winthrop, 162 Mass: 113, 119, 38 NE 512, 26 LRA 259; Com. v. Lancaster Sav. Bank, 123 Mass. 493, 495; Portland Bank v. Apthorp, 12 Mass. 252; State v. Bovee, 17 OhS&CP 663, 665; Queen Ins. Co. v. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. 51. Anderson L. D. [quot McKeon v. Wolf, 77 Ill. A. 325, 334; Beechley v. Mulville, 102 Iowa 602, 70 NW 107, 109, 71 NW 428, 63 AmSR 479]; Hamilton Mfg. Co. v. Massachusetts, 6 Wall. (U. S.) 632, 640, 18 L. ed. 904; Provident Sav. Inst. v. Massachusetts, 6 Wall. (U. S.) 611, 18 L. ed. 907; Portland Bank v. Apthorp, 12 Mass. 252, 256. 52. State v. Bovee, 17 OhS&CP 663, 665; Queen Ins. Co. v. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. 53. Anderson L. D. [quot McKeon v. Wolf, 77 Ill. A. 325, 334; Beechley v. Mulville, 102 Iowa 602, 608, 70 NW 107, 71 NW 428, 63 AmSR 4791; Hamilton Mfg. Co. v. Massachusetts, 6 Wall. (U. S.) 32, 640, 18 L. ed. 904; Provident Sav. Inst. v. Massachusetts, 6 Wall. (U. S.) 611, 18 L. ed. 907; Com. v. Lancaster Sav. Bank, 123 Mass. 493, 495; Portland Bank V. Apthorp, 12 Mass. 252, 256. 54. Anderson L. D. [quot Beechley v. Mulville, 102 Iowa 602, 608, 70 NW 107, 71 NW 428, 63 AmSR 479]; Hamilton Mfg. Co. v. Massachusetts. 6 Wall. (U. S.) 632, 640, 18 L. ed. 904 [quot McKeon v. Wolff, 77 Ill. A. 325, 334] (where the court said: "If regarded as meaning goods and wares only, there would be much difficulty in the case, but if it signifies 'convenience, privilege, profit, and gains,' as uniformly held by the State court, then all difficulty vanishes, and the case is clear"); Provident Sav. Inst. v. Massachusetts, 6 Wall. (U. S.) 611, 18 L. ed. 907; Rohlf v. Kasemeier. 140 Iowa 182. 186. 118 NW 276, 132 AmSR 261, 23 LRANS 1284, 17 Ann Cas 750 [cit Webster D.]; Minot v. Winthrop, 162 Mass. 113, 119, 38 NE 512. 26 LRA 259; Portland Bank v. Apthorp, 12 Mass. 252. 256 (where it was said: "It must have been under this general term, commodity, which signifies convenience, privilege, profit. and gains, as well as goods and wares, which are only its vulgar signification, that the legislature assumed the right, which has been uniformly, and without complaint, exercised for thirty years, of exacting a sum of money from attorneys, and barristers at law, vendue masters, tavern-keepers, and retailers"); State v. Bovee, 17 OhS&CP 663, 665; Queen Ins. Co. v. State. 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. 68 55. State v. Bovee, 17 OhS&CP 663, 665; Queen Ins. Co. v. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483 [cit Webster Int. D.]. 56. McKeon V. Wolf, 77 Ill. A. 325, 334 [rev 178 Ill. 85, 52 NE 896]; S. S. White Dental Mfg. Co. v. Com., 212 Mass. 35, 98 NE 1056, 1058, Ann Cas1913C 805; Com. v. Lancaster Sav. Bank, 123 Mass. 493, 495. [a] Includes (1) corporate franchises enjoyed by grant from the government. Gleason v. McKay, 134 Mass. 419, 424; Com. v. Hamilton Mfg. Co., 12 Allen (Mass.) 298, 300; Com. v. People's Five Cents Sav. Bank, 5 Allen (Mass.) 428, 435. (2) The right to exist and carry on business as a corporate entity, subject to the power of the legislature to lay an excise. Farr Alpaca Co. v. Com., 212 Mass. 156, 98 NE 1078, 1079. 57. In re Opinion of Justices, 196 Mass. 603, 623, 85 NE 545. [a] Includes privilege of transmitting and receiving, by will or descent, property on the death of the owner. Minot v. Winthrop, 162 Mass. 113, 38 NE 512, 515, 26 LRA 259. 58. Com. v. Lancaster Sav. Bank, 123 Mass. 493, 495. 59. In re Opinion of Justices, 196 Mass. 603, 624, 85 NE 545 [quot O'Keefe v. Somerville, 190 Mass. 110, 76 NE 457, 112 AmSR 316, 5 AnnCas 684]. 60. State V. Bovee, 17 OhS&CP 663. 665. 61.. Beechley v. Mulville, 102 Iowa 602, 608. 70 NW 107, 71 NW 428, 63 AmSR 479. Wolf, 77 Ill. A. 325, 333; Peterson v. 62. Webster D. [quot McKeon v. Currier, 62 Ill. A. 163, 169]. 63. Minot v. Winthrop, 162 Mass. 113, 119, 38 NE 512, 26 LRA 259. 64. Standard D. [quot McKeon v. Wolf, 77 Ill. A. 325, 333]. 65. State V. Bovee, 17 OhS&CP 663, 665; Queen Ins. Co. v. State, 86 Tex. 250, 24 SW 397, 401, 22 LRA 483. State v. Bovee, 17 OhS&CP 66. 663, 665. 67. Minot v. Winthrop, 162 Mass. 113, 119, 38 NE 512, 26 LRA 259. 68. Queen Ins. Co. V. State, 86 Tex. 250, 265, 24 SW 397, 22 LRA 483. 69. Century D. [quot McKeon v. Wolf. 77 Ill. A. 325, 334; Peterson v. Currier, 62 Ill. A. 163, 169]. 70. Best v. Bauder, 29 How. Pr. (N. Y.) 489, 492. 71. Barnett v. Powell, Litt. Sel. Cas. (Ky.) 409, 410. 72. Anderson L. D. [quot McKeon v. Wolf, 77 Ill. A. 325, 334; Beechley V. Mulville, 102 Iowa 602. 70 NW 107, 109, 71 NW 428, 63 AmSR 479]. Compare Minot V. Winthrop, 162 Mass. 113, 119, 38 NE 512, 26 LRA 259 (where it was said: "The words 'produce, goods, wares, merchandise brought into, produced, manufactured, or being' within the Commonwealth, are words of definite meaning, but the words 'and commodities whatsoever' are of less certain signification"). 73. Anderson L. D. [quot McKeon v. Wolf, 77 Ill. A. 325, 334]. 74. Rohlf v. Kasemeier, 140 Iowa 182, 186, 118 NW 276, 132 AmSR 261, 23 LRANS 1284, 17 AnnCas 750 [cit Webster D.]. But see Barnett v. Powell, Litt. Sel. Cas. 409, 410 (holding that the word "commodity" within the meaning of a statute forbidding any person to buy, sell, or receive, of, to, or from any slave "any . commodity whatever," without leave of his master, means any movable article or piece of personalty, and embraces a mare). fre COMMONALTY. In English law. The great body of citizens; the mass of the people, excluding own wrong." Black L. D. ciently broad to comprehend the following: (1) Coin. Barnett v. Powell, Litt. Sel. Cas. 409, 410 (where the court said: "We have no hesitation in saying, that the term, commodity, is opposed to coin, and that the two words mean the same thing which is now frequently expressed by the vulgar and popular language of money and property"). (2) Insurance, Queen Ins. Co. v. State, 86 Tex. 250, 265, 24 SW 397. 22 LRA 483. (3) Labor. Rohlf V. Kasemeier, 140 Iowa 182, 186, 118 NW 276, 132 AmSR 261, 23 LRANS 1284, 17 AnnCas 750, (where the court said: "Whilst there is a class of nolitical economists who treat labor as so much merchandise, the wage being regulated simply by supply and demand, there is anotner class, which, taking account of the personal equation, sees in it something more than a commodity, and refuses to subscribe to the doctrine that supply and demand alone regulate the price. This latter class of economists refuses to accept the doctrine that a man is rich because he has stored away within him many days' work, and are convinced that his necessities, quite as often as the demand for his labor, fixes the stipend which he is to receive. In other words, the laborer, skilled or unskilled, is not regarded as standing on an equality with him who barters in goods and merchandise. It is not, of course, within the province of courts of justice to adopt or promulgate any particular system of political science; but in the interpretation of statutes they must take notice of current political theory and conviction. If we were to adopt the view so strongly presented by appellant's counsel, it would be on the as [a] Illustrations of commodities The signification of the term is comprehensive enough to include: (1) A black bottle containing whiskey, within the meaning of a statute providing that any person who buys or receives from any slave any article or commodity without the consent of the master shall be guilty of a misdemeanor. Shuttleworth v. State, 35 Ala. 415, 417 (where the court said: "The words, article and commodity, are used in this section, mainly, in the same sense. They at least embrace most moveable things, which can become the subject of commerce between white persons and slaves. A black bottle comes clearly within this definition"). (2) Business of an attorney. Portland Bank v. Apthorp, 12 Mass. 252, 256. (3) Business of an auctioneer. Portland Bank V. Ap-sumption that the associated words thorp, supra. (4) Business of a tavern keeper. Portland Bank v. Apthorp, supra. (5) Certificates of stock of deinestic and foreign corporations, associations, or companies. In re Opinion of Justices, 196 Mass. 603, 618, 85 NE 545. (6) Cotton, within the meaning of a statute providing that any person who buys or receives from any slave any article or commodity without the consent of the master shall be guilty of a misdemeanor. State V. Borroum, 23 Miss. 477. 481. (7) Cove oysters packed and canned. Barataria Canning Co. v. Joulian, 80 Miss. 555, 31 S 961, 962. (8) Employees' checks. Texas, etc., Coal Co. v. Lawson, 89 Tex. 394, 396, 32 SW 871, 34 SW 919. (9) Ice harvested and stored in ice houses. State v. McPhee, 149 Wis. 76, 80, 135 NW 470. (10) A mare. Barnett v. Powell, Litt. Sel. Cas. 409, 410. (11) A privilege tax imposed on savings banks. Com. v. Lancaster Sav. Bank, 123 Mass. 493, 495. (12) Spirituous liquors. Portland Bank v. Apthorp, 12 Mass. 252, 258. (13) Stocks and bonds of corporations. Hamilton Mfg. Co. v. Massachusetts, 6 Wall. (U. S.) 632, 18 L. ed. 904; Peo. v. Federal Security Co.. 255 Ill. 561, 99 NE 668, 669. (14) Wine plants. Best v. Bauder, 29 How. Pr. (N. Y.) 489, 491. [b] Illustrations of what are not commodities.-The term is not suffi 'merchandise', and 'commodity' [in a statute relating to monopolies] include the wages to be paid for labor, because labor is a sort of merchandise, subject to barter and sale as other goods. . Now, the term 'merchandise' is special rather than general, and has reference primarily to those things which merchants sell either at wholesale or retail. 'Commodity' is a broader term, and, when used as in the statute now under consideration, means almost any description of article called moveable or personal estate"); State v. Cudahy Packing Co., 33 Mont. 1079, 82 P 833, 834, 114 AmSR 804, 8 Ann Cas 717. (4) Mauling of rails, within the meaning of a statute prohibiting anyone from buying of or selling to or receiving from any slave any "commodity whatsoever" without obtaining the consent in writing of the master, owner, or overseer. State v. Henke, 19 Mo. 225, 226. (5) The selling, giving, or delivering of trading stamps, in connection with the sale of articles, entitling the holder to receive other articles than those so sold. O'Keeffe v. Somerville. 190 Mass. 110, 76 NE 457, 458, 112 AmSR 316. 5 AnnCas 684. (6) The service or labor of transmitting a telegram. Matter of Jackson, 57 Misc. 1, 107 NYS 799, 801. 75. A maxim meaning "No person ought to have advantage from his 76. "Mutual" distinguished Mutual [28 Cyc 1781 note 48]. 77. Koen v. State, 35 Nebr. 678, 53 NW 595, 17 LRA 821. 78. Black L. D. Black L. D. 79. 80. see 676, Webster D. [quot Aymette v. State, 2 Humphr. (Tenn.) 154, 158]. 81. Webster D. [quot Aymette v. State, 2 Humphr. (Tenn.) 154, 158]. 82. Webster D. [quot Aymette v. State, 2 Humphr. (Tenn.) 154, 158]; Kirkendall v. Omaha, 39 Nebr. 1. 6. 57 NW 752; Koen v. State, 35 Nebr. 676, 678, 53 NW 595, 17 LRA 821. 83. Webster D. [quot Aymette v. State, 2 Humphr. (Tenn.) 154, 158]. 84. Webster D. [quot Aymette v. State, 2 Humphr. (Tenn.) 154, 1581; U. S. v. Smith, 27 F. Cas. No. 16,328, 4 Cranch C. C. 629. 85. Koen v. State, 35 Nebr. 676, 678, 53 NW 595, 17 LRA 821. 86. Black L. D.; Worcester D. [quot State v. O'Connor, 49 Me. 594, 598]. 87. Black L. D.; Richmond, etc., R. Co. v. Howard, 79 Ga. 44, 54 (where it was held that the terms "common" and "ordinary" were equivalents, and that it was not error to use them interchangeably in an instruction on ordinary care). 88. Black L. D. 89. Worcester D. [quot State V. O'Connor, 49 Me. 594, 598]. 90. Worcester D. [quot State V. O'Connor, 49 Me. 594, 598]. 91. Worcester D. [quot State V. O'Connor, 49 Me. 594, 598]. 92. Abbott L. D. See generally Common Lands post §§ 1, 4. 93. Black L. D. [cit Coke Litt. 122a; 2 Blackstone Comm. 33]. See also Common Lands § 5. 94. As element of general average see Shipping [36 Cyc 373]. Joint adventure see Joint Adventures [23 Cyc. 452]. 95. York Bldgs. Co. v. Mackenzie, 8 Bro. P. C. 42, 49, 3 Reprint 432. [a] Duties and powers.-"He is equally charged with the interest of the creditors and of the debtor; that the former may obtain payment of their debts, and the latter have the benefit of any reversion which may arise from a fair sale. It is his duty to make particular enquiries into the nature and advantages of the property to be sold, and he has the conduct of the proof of the value, which the forms in Scotland render necessary before fixing the price at which it is to be exposed, which is called the upset price. He disburses all the expences attending the sale, and is renaid, together with an allowance for his own trouble, from the proceeds of the estate. It is also the duty of the common agent to make up the rentals, abstracts, and particulars of the property; to draw up the advertisements for the public newspapers, describing the estate to the best advantage. All intending purchasers apply to him for information as to the selling of the estate; and it is his duty to study that the estate be sold for the best price that the market can afford." York Bldgs. Co. v. Mackenzie, 8 Bro. P. C. 42, 49, 3 Reprint 432. the nobility.96 In American law. The body of people composing a municipal corporation, excluding the corporate officers.97 COMMON APPEARANCE. Where defendant in an action after due service of process on him has removed from the jurisdiction without having entered an appearance, or cannot be found, plaintiff may file a common appearance and enter a rule on defendant to plead.98 This is the practice in England and in Pennsylvania.99 COMMON APPENDANT.1 COMMON ASSURANCES.3 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.* COMMON BAIL. Bail given by merely nominal parties, and not by responsible parties, as in special bail.5 COMMON BAR. Otherwise called blank bar. COMMON BAWDY HOUSE.8 COMMON BENCH. Formerly the name of the English court of common pleas. Its original title 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, 96. Black L. D. 97. Black L. D. See generally Municipal Corporations [28 Cyc 55]. 98. Bouvier L. D. See generally Appearances 4 C. J. p. 1312. 99. Bouvier L. D. 2. 3. 1. See Common Lands post § 5. See Common Lands post § 5. See Assurance 5 C. J. p 1413. 4. 2 Blackstone Comm. 249 [quot State v. Farrand, 8 N. J. L. 333, 335] (where it was further said: "A translation, or transfer of property being thus admitted by law, it became necessary that this transfer should be properly evidenced in order to prevent disputes, either about the fact, as to whether there was any transfer at all, or concerning the persons, by whom and to whom it was transferred; or with regard to the subjectmatter, as what the thing transferred consisted of; or, lastly, with relation to the mode and quality of the transfer, as for what period of time (or, in other words, for what estate and interest) the conveyance was made. The legal evidences of this translation of property are called the common assurances of the kingdom; whereby every man's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or removed. These common assurances are of four kinds: 1. By matter in pais, or deed; which is an assurance transacted between two or more private persons in pais, in the country; that is (according to the old common law), upon the very spot to be transferred. 2. By matter of record, or an assurance transacted only in the king's public courts of record. 3. By special custom, obtaining in some particular places, and relating only to some particular species of property. Which three are such as take effect during the life of the party conveying or assuring. 4. The fourth takes no effect till after his death; and that is by devise contained in his last will and testament"). [a] As synonymous with "conveyance."-The terms "conveyance" and "assurance" are used as convertible or synonymous by the soundest COMMON CHASE. A place where all alike were entitled to hunt wild animals.18 COMMON CONDUCTOR. The term has a definite significance in electrical engineering, and is applied to a conductor of electricity permanently connected to one terminal of each of two or more generators, and is therefore common to them all.17 COMMON CONVENIENCE AND NECESSITY. A statutory phrase without a definite legal meaning, but judicially interpreted to indicate a public necessity which justifies some act affecting the rights of person or property which would not be justifiable if that necessity did not exist.18 COMMON COUNCIL.19 The phrase, used in re 12. Little v. Green, 144 Iowa 492, 498, 123 NW 367, 370, 25 LRANS 649. 13. See Brawling 9 C. J. p 319; Common Scold post. and most accurate writers and 752. consent and in nature of a common 5. Preston v. McNeil Lumber Co., 143 Fed. 555, 557. See also Bail § 5. 6. Black L. D. See also Blank Bar 8 C. J. p 1116. 7. See Barratry § 1. 14. See also Care 9 C. J. p 1286; Negligence [29 Cyc 422]. 15. See generally Carriers §§ 9, 1033. 16. Black L. D. See also Game [19 Cyc 986]. 17. Bullock Electric Mfg. Co. v. Crocker-Wheeler Co., 141 Fed. 101, 111. 18. In re Shelton St. R. Co., 69 Conn. 626, 628, 38 A 362. See also Hartford v. Day, 64 Conn. 250, 29 A 480 (holding that the term, as used in a statute forbidding the layout of a highway, not crossing a railroad track within one hundred yards of such a track, unless first approved See Disorderly Houses [14 Cyc by a judge of the superior court on 9. Black L. D. Kirkendall v. Omaha, 39 Nebr. 1, 2, 57 NW 752. [a] "Common benefits" and "general benefits" compared.-It has been held that the terms as applied to the benefits accruing to property from the change of grade of a street are not synonymous. Common benefits are such as are enjoyed by the public at large, without reference to the ownership of private property adjacent to the public improvement out of which arose the benefits under consideration. "As applied to benefits, they may be either common to the general public, or common to a mere neighborhood, or to a part of a street. The word 'common' is ordinarily understood to apply to the general public when not qualified by some word or phrase of limitation. The term 'general benefits,' when unqualified, should probably be cepted in the same sense as the term 'common benefits;' that is to say, when there is no limitation pressed, it should be deemed applicable to the general public rather than as embracing as general but a limited part of the public." Kirken- | dall v. Omaha, 39 Nebr. 1, 6, 57 NW ac ex a finding that common convenience and necessity required it there, is an expression not very easy to define, but its meaning may be sufficiently well understood by considering the elements of which it is composed; when it is applied to a new highway one element which properly enters into it is the one of expense-expense of laying out and constructing the highway, and the expense of maintaining it after it is laid out; it is not, however, the simple question of cost that is to be considered in such case, but the mixed question of cost compared with the ability of the municipality on which the expense is cast to bear it); Dorman v. Lewiston, 81 Me. 411, 421, 17 A 316 (holding that, where a city ordinance authorized the construction of street when required by common convenience and necessity, a finding that public convenience and necessity of the city required the street was a sufficient finding of common convenience and public necessity, "public convenience" and "common convenience" being synonymous, public convenience being common to all citizens of the city). a 19. Common council: Authority of, to offer reward see Rewards [34 Cyc 1735]. lation to a municipal corporation, means the governing body of the city.20 COMMON COUNTS. Averments of a cause of COMMON DISASTER.27 23 COMMON EMPLOYMENT. The term as applied to the doctrine of fellow servants means that the work upon which the servants are engaged is of the same general character.29 Servants are engaged in a common employment when each of them is occupied in service of such a kind that all the others in the exercise of ordinary sagacity ought to be able to foresee, when accepting their employment, that it may probably expose them to the risk of injury in case one is negligent.30 COMMON ERROR.31 An error for which there are many precedents.32 COMMONERS.33 In English law, persons having a right of common, so-called because they have a right to pasture on the waste, in common with the lord.34 34 COMMON FAME. That which serves to establish a character either of a person or to a thing.35 COMMON FIELD. The term is of American invention, and adopted by congress to designate small tracts of ground of a peculiar shape, usually from one to three arpents in front by forty in depth, used by the occupants of the French villages for the pur Injunction against enactment of or- See generally Municipal Corporations 20. Oliver v. Jersey City, 63 N. J. L. 96, 101, 42 A 782. 21. Abbott L. D. COMMON GAMBLER.11 COMMON GAMBLING HOUSE.42 46 COMMON INFORMER.44 A common prosecutor;45 a person who sues for a penalty which is given to any person who will sue for it; a name used to designate the person commencing a qui tam action; one who, without being specially required by law or by virtue of his office, gives information of crimes, offenses, or misdemeanors which have been committed, in order to prosecute the offender." COMMON IN GROSS OR AT LARGE.49 COMMON INJURY. Within the rule that for damages arising from a purely public nuisance producing no special damage to one as distinct from the rest of the public there can be no action, the term means an injury of the same kind and character and such as naturally arises from the nuisance; the injury must be of the same kind and character, and such as naturally and necessarily arises from a given cause, but not necessarily similar in degree, or equal in amount.51 50 COMMON INN. A house for the entertainment of travelers and passengers in which lodging and necessaries are provided for them and for their horses and attendants.52 COMMON INTENDMENT, COMMON INTENT, or COMMON SENSE.5 The natural and ordinary In copyright infringement 32. see 33. See generally Common Lands post §§ 19-27. V. 34. Black L. D. [cit Culley Spearman, 2 H. Bl. 386, 389, 126 Reprint 610]. 53 40. Straub's Case, 49 N. J. Eq. 264, 265, 24 A 569 (where the court said: There are two methods of obtaining probate known to the practice of the English ecclesiastical courts-one in common form, and the other in solemn form or per testes"). See generally Wills [40 Cyc 1223 et seq]. 41. 42. 43. See Gaming [20 Cyc 895]. See Highways [37 Cyc 11. 45. [a] Tenants in common distin- 35. State v. McGinnis, 56 Or. 163, 36. Glasgow v. Hortiz, 1 Black 37. See generally Common Lands 46. 3 Blackstone Comm. 161. 47. In re Barker, 56 Vt. 14, 20.. 48. Bouvier L. D. [quot Bryant v. Skillman Hardware Co., 76 N. J. L. 45, 46, 69 A 23]. 49. See Common Lands post § 9. 50. Wilcox v. Henry, 35 Wash. 591, 596, 77 P 1055. See generally Nuisances [29 Cyc 1208]. 51. Wilkinson Live Stock Co. v. McIlquam, 14 Wyo. 209, 232, 83 P 364, 3 LRANS 733. 52. Cromwell v. Stephens, 2 Daly (N. Y.) 15, 21, 3 AbbPrNS 26. See generally Innkeepers [22 Cyc 1068]. 53. See also Certainty 11 C. J. P 75. |