英文法律词典 C-62

COMMON COUNCIL. In many cities the charter provides for their government, in imitation of the national and state governments. There are two branches of the legislative¹ assembly; the less numerous, called the select, the other, the common council.

2. In English law, the common council of the whole realm means the parliament. Fleta, lib. 2, cap. 13.

COMMON COUNTS. Certain general counts, not founded on any special contract, which are introduced in a declaration, for the purpose of preventing a defeat of a just right by the accidental variance² of the evidence. These are in an action of assumpsit; counts founded on express or implied promises to pay money in consideration of a precedent³ debt, and are of four descriptions: 1. The indebitatus assumpsit; 2. The quantum meruit; 3 . The quantum valebant; and, 4. The account stated.

COMMON FISHERY. A fishery to which all persons have a right, such as the cod⁴ fisheries off Newfoundland. A common fishery is different from a common of fishery, which is the right to fish in another's pond, pool, or river. See Fishery.

COMMON HIGHWAY. By this term is meant a road to be used by the community at large for any purpose of transit⁵ or traffic. Hamm. N. P. 239. See Highway.

COMMON INFORMER. One who, without being specially⁶ required by law, or by virtue⁷ of his office, gives information of crimes, offences or misdemeanors, which have been committed, in order to prosecute⁸ the offenders⁹; a prosecutor¹⁰. Vide Informer; Prosecutor.

COMMON INTENT, construction. The natural sense given to words.

2. It is a rule that when words are used which will bear a natural sense and an artificial one, or one to be made out by argument and inference, the natural sense shall prevail; it. is simply a rule of construction and not of addition common intent cannot add to a sentence words which have been omitted. 2 H. Black. 530. In pleading, certainty is required, but certainty to a common intent is sufficient; that is, what upon a reasonable construction may be called certain, without recurring¹¹ to possible facts. Co. Litt. 203, a; Dougl. 163. See Certainty.

COMMON LAW. That which derives¹² its force and authority from the universal consent and immemorial practice of the people. See Law, common.

COMMON NUISANCE. One which affects the public in general, and not merely some particular person. 1 Hawk¹³. P. C. 197. See Nuisance.

COMMON PLEAS. The name of a court having jurisdiction¹⁴ generally of civil actions. For a historical account of the origin of this court in England, see Boote's Suit at Law, 1 to 10. Vide Common Bench and Bench.

2. By common pleas, is also understood, such pleas or actions as are brought by private persons against private persons; or by the government, when the cause of action is of a civil nature. In England, whence we derived¹⁵ this phrase, common pleas are so called to distinguish them from pleas of the crown. (q. v.)

COMMON RECOVERY. A judgment¹⁶ recovered in a fictitious¹⁷ suit, brought against the tenant¹⁸ of the freehold, in consequence of a default made by the person who is last vouched¹⁹ to warranty²⁰ in the suit., A common recovery is a kind of conveyance²¹. 2 Bouv. Inst. n. 2088, 2092-3. Vide Recovery.