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* COMMON. 216 COMMON FORMS. rate parcel, in severalty. If it be not physically severable — as a mansion or a horse — the courts will direct its sale and the distribution of the proceeds among the several owners in the pro- portion of their respective interests. If the estate of a tenant in common be of an inheritable nature — as an estate in fee simple — it will, upon his death, descend, like his other real property, to his heirs. In the event of a con- veyance or descent of such an interest, the new holder simply takes the place of his grantor or ancestor, and becomes a tenant in common with the surviving co-tenants of the latter. In its incidents, the tenancy in common is at the present time not distinguishable from the estate which arose at common law by the de- scent of lands to two or more heirs who were entitled to share the estate. (See Copaecenabt. ) Indeed, this is now in the United States the more usual method of creating a tenancy in conniion. It is, however, to be sliarply distiuguislied from the other forms of common ownership, as joint tenancy, tenancy by entireties, and partnership, the two former of which are attended by the inci- dent of survivorship, and the last of which is affected b.v the peculiar qualities of the partner- ship relation. At conniion law. upon a conveyance of lands to two or more persons without more being said, they took the property as joint tenants, and not as tenants in common. This presumption has generally been reversed by statute in modern times, and now such a grant will vest the prop- erty in the grantees as tenants in common, unless the deed declares that they are to take as joint tenants. See Owr«ER.sniP; Property; and the authorities there referred to. COMMON ASSURANCE. The technical de- scription of tlio ordinary processes for conveying the title to land. The term assurance was also employed, without the qualifying adjective, in such phrases as 'a covenant to make further as- surance' (meaning a covenant to protect the title conveyed by making or procuring the mak- ing of any further instrument which might be necessary for that pui-pose), but the instniment or act of conveyance itself was always described as a common assurance. Blackstone defines com- mon assurances as the legal evidences of the translation or transfer of real property, and comprehends under that description the four fol- lowing modes of alienation: (1) By matter in pais or by deed; (2) by matter of record, or an assurance transacted 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; (4) by devise. By matter in pais is meant a transaction to be evidenced by witnesses before a jury, and it has reference to the old common-law method of conveyance by feoffment or livery of seisin. The deed referred to is the deed of grant, which has in modem times come to supersede most of the other modes of transfer. Alienation by matter of record includes assurance by private acts of Parliament, the King's grants, and the awkward processes by fictitious suit, known as common recovery and fine. Under alienation by special custom, Blackstone describes only the peculiar mode of conveyance Tiy surrender and admit- tance.' whereby copyhold lands were transferred. Devise was employed in the same sense as that "which it now bears, and included any gift of land, present or future, or of any interest in land, by last will and testament. It will be noticed that these four modes of conveyance comprehend every form of voluntary alienation of real property, only involuntary alienations, as by forfeiture, escheat, bank- ruptcy, eminent domain, and the like, and the transmission of lands by descent, being omitted from the category of common assurances. See Alienation ; Conveyance ; Title ; and the names of the various common assurances re- ferred to above. Consult the CoDinientaries of Blackstone, Stephen, and Kent, ami the authori- ties referred to imder Con-eyancing and Title. COMMON BENCH. The earlier name of the English Court of Common Pleas. See Common Plea.s, Coiet of. COMMON CARRIERS. See Carriers, Com- mon. COMMON COUNCIL. The name usually ap- plied to tile local legislature- in American cities. Usually a legislative body, so called, consists of only one chamber, but the term may be applied to a bicameral body as well as to one chamber in a bicameral assembly. COMMON COUNTS. In law, in general, technical forms for stating a cause of action, use<l particularly in assumpsit (q.v.), in order to take advantage of proof which might vary from the particular facts and circumstances al- leged and yet justify a recovery. Common counts were founded on an express or implied promise to pay money. Those in most general use were known as counts for 'goods sold and delivered'; 'work, labor, and services'; 'money paid'; 'money had and received'; 'money lent'; 'account stated'; and 'use and occupation.' Their names are somewhat descriptive of their purposes ; thus under the count 'money had and received ' the plaintiff could prove any circumstances under which the defendant received money which, in law, he ought to pay or return to the plaintiff. The money may have been obtained by fraud, but a fictitious promise to pay could be alleged, the fraud proved, and it was held the law implied a promise to pay on the part of the defendant. The common counts originated in England, but Avere abolished, together with all ancient forms of action, by the Judicature Acts. In the United States they are still used in some of the States where common-law pleading is retained. See CoMiroN Forms; Pleading. COMMONER. In England, a term applied to all citizens except the hereditary nobility. John Hampden was called the 'great commoner,' and the title was also given to the elder Pitt before he became a member of Parliament. In Oxford University, students of the second class who pay board are called commoners, ranking between gentlemen commoners and bursars. COMMON FORMS. In law, the forms of personal actions in common-law pleading (each action having a general form of declaration or complaint). the allegations in which were usually fictitious, but which had a recognized meaning and which would be supported by a certain line of proof. Thus, in the action of trover (Fr. trourer. to find) it was alleged that the plaintiff lost a chattel and that the defendant found it, and this allegation could not be traversed or denied by the plaintiff, but plaintiff could prove