英文法律词典 C-60

COMMON APPENDANT, Eng. law. A right attached to arable¹ land, and is an incident of tenure², and supposed to have originated by grant of the lord or owner of a manor³ or waste, in consideration of certain rents or services, or other value, to a freeholder or copyholder of plough land, and at the same time either expressly or by implication, and as of common right and necessity common appendant over his other wastes and commons. Co. Litt. 122 a; Willis, 222.

COMMON APPURTENANT, Eng. law. A right granted by deed, by the owner of waste or other land, to another person, owner of other land, to have his cattle, or a particular description of cattle; levant and couchant upon the land, at certain seasons of the year, or at all times of the year. An uninterrupted usage for twenty years, is evidence of a grant. 15 East, 116.

COMMON ASSURANCES. Title by deeds are so called, because, it is said, every man ' s estate is assured to him; these deed's or instruments operate either as conveyances⁵ or as charges.

2.- 1. Deeds of conveyance⁴ are, first, at common law, and include feoffments, gifts, grants, leases, exchanges, partition's, releases, confirmations⁶, surrenders, assignments, and defeasances; secondly⁷, deeds of conveyance under the statute⁸ of uses, as covenants⁹ to stand seised to uses, bargains and sale, lease and release, deeds to lead or declare uses, and deeds of appointment and revocation¹⁰.

3. - 2. Deeds which do not convoy¹¹, but only charge or discharge lands, are obligations, recognizances, and defeasances. Vide Assurance; Deed.

COMMON BAIL¹². The formal entry of fictitious¹³ sureties in the proper office of the court, which is called filing common bail to the action. See Bail.

COMMON BAR, pleading. A plea to compel the plaintiff to assign the particular place where the trespass¹⁴ has been Committed. Steph. Pl. 256. It i's sometime's called a blank bar. (q. v.)

COMMON BENCH, bancus communis. The court of common pleas was anciently called common bench, because the pleas and controversies¹⁵ there determined¹⁶ were between common persons. See Bench.