英文法律词典 C-63

COMMON SCOLD, Crim. law, communes rixatrix. A woman, who, in consequence of her boisterous¹, disorderly and quarrelsome tongue, is a public nuisance to the neighborhood.

2. Such a woman may be indicted², and on conviction, punished. At common law, the punishment was by being placed in a certain engine of correction called the trebucket or cocking stool.

3. This punisbment has been abolished in Pennsylvania, where the offence may be punished by fine and imprisonment³.12 Serg. & Rawle, 220; vide 1 Russ. on Cr. 802 Hawk⁴. B. 2, c. 25, s. 59 1 T. R. 756 4 Rogers' Rec. 90; Roscoe on Cr. Ev. 665.

COMMON SEAL, A seal used by a corporation. See Corporation.

COMMON SENSE , med. jur. When a person possesses those perceptions, associations and judgments⁵, in relation to persons and things, which agree with those of the generality of mankind, he is said to possess common sense. On the contrary, when a particular individual differs from the generality of persons in these respects, he is said not to have common sense, or not to be in his senses. 1 Chit. Med. Jur. 334.

COMMON, TENANTS⁷ IN. Tenants in common are such as hold an estate, real or personal, by several distinct titles, but by a unity⁸ of possession. Vide Tenant⁶ in common; Estate in common.

COMMON TRAVERSE. This kind of traverse differs from those called technical traverses principally in this, that it is preceded by no inducement general or special; it is taken without an absque hoc, or any similar words, and is simply a direct denial of the adverse⁹ allegations, in common language, and always concludes to the country. It can be used properly only when an inducement is not requisite¹⁰; that is, when the party traversing has no need to allege¹¹ any new matter. 1 Saund. 103 b. ii. 1.

2. This traverse derives¹² its name, it is presumed, from the fact that common language is used, and that it is more informal than other traverses.

COMMON VOUCHEE. In common recoveries, the person who vouched¹³ to warranty¹⁴. In this fictitious¹⁵ proceeding¹⁶, the crier of the court usually performs the office of a common vouchee. 2 Bl. Com. 358; 2 Bouv. Inst. n. 2093.

COMMONALTY, Eng. law. This word signifies, 1st. the common people of England, as contradistinguished from the king and the nobles; 2d. the body of a society as the masters, wardens¹⁷, and commonalty of such a society.

COMMONER. One who is entitled with others to the use of a common.

COMMONS, Eng. law. Those subjects of the English nation who are not noblemen. They are represented in parliament in the house of commons.

COMMONWEALTH¹⁸, government. A commonwealth is properly a free state, or republic, having a popular or representative government. The term has been, applied¹⁹ to the government of Great Britain. It is not applicable to absolute governments. The states composing the United States are, properly, so many commonwealths²⁰.

2. It is a settled principle, that no sovereign power is amenable²¹ to answer suits, either in its own courts or in those of a foreign country, unless by its own consent. 4 Yeates, 494.