Common \Com"mon\, a. [Compar. Commoner; superl. Commonest.]
[OE. commun, comon, OF. comun, F. commun, fr. L. communis;
com- + munis ready to be of service; cf. Skr. mi to make
fast, set up, build, Goth. gamains common, G. gemein, and E.
mean low, common. Cf. Immunity, Commune, n. & v.]
1. Belonging or relating equally, or similarly, to more than
one; as, you and I have a common interest in the property.
[1913 Webster]
Though life and sense be common to men and brutes.
--Sir M. Hale.
[1913 Webster]
2. Belonging to or shared by, affecting or serving, all the
members of a class, considered together; general; public;
as, properties common to all plants; the common schools;
the Book of Common Prayer.
[1913 Webster]
Such actions as the common good requireth. --Hooker.
[1913 Webster]
The common enemy of man. --Shak.
[1913 Webster]
3. Often met with; usual; frequent; customary.
[1913 Webster]
Grief more than common grief. --Shak.
[1913 Webster]
4. Not distinguished or exceptional; inconspicuous; ordinary;
plebeian; -- often in a depreciatory sense.
[1913 Webster]
The honest, heart-felt enjoyment of common life.
--W. Irving.
[1913 Webster]
This fact was infamous
And ill beseeming any common man,
Much more a knight, a captain and a leader. --Shak.
[1913 Webster]
Above the vulgar flight of common souls. --A.
Murphy.
[1913 Webster]
5. Profane; polluted. [Obs.]
[1913 Webster]
What God hath cleansed, that call not thou common.
--Acts x. 15.
[1913 Webster]
6. Given to habits of lewdness; prostitute.
[1913 Webster]
A dame who herself was common. --L'Estrange.
[1913 Webster]
Common bar (Law) Same as Blank bar, under Blank.
Common barrator (Law), one who makes a business of
instigating litigation.
Common Bench, a name sometimes given to the English Court
of Common Pleas.
Common brawler (Law), one addicted to public brawling and
quarreling. See Brawler.
Common carrier (Law), one who undertakes the office of
carrying (goods or persons) for hire. Such a carrier is
bound to carry in all cases when he has accommodation, and
when his fixed price is tendered, and he is liable for all
losses and injuries to the goods, except those which
happen in consequence of the act of God, or of the enemies
of the country, or of the owner of the property himself.
Common chord (Mus.), a chord consisting of the fundamental
tone, with its third and fifth.
Common council, the representative (legislative) body, or
the lower branch of the representative body, of a city or
other municipal corporation.
Common crier, the crier of a town or city.
Common divisor (Math.), a number or quantity that divides
two or more numbers or quantities without a remainder; a
common measure.
Common gender (Gram.), the gender comprising words that may
be of either the masculine or the feminine gender.
Common law, a system of jurisprudence developing under the
guidance of the courts so as to apply a consistent and
reasonable rule to each litigated case. It may be
superseded by statute, but unless superseded it controls.
--Wharton.
Note: It is by others defined as the unwritten law
(especially of England), the law that receives its
binding force from immemorial usage and universal
reception, as ascertained and expressed in the
judgments of the courts. This term is often used in
contradistinction from statute law. Many use it to
designate a law common to the whole country. It is also
used to designate the whole body of English (or other)
law, as distinguished from its subdivisions, local,
civil, admiralty, equity, etc. See Law.
Common lawyer, one versed in common law.
Common lewdness (Law), the habitual performance of lewd
acts in public.
Common multiple (Arith.) See under Multiple.
Common noun (Gram.), the name of any one of a class of
objects, as distinguished from a proper noun (the name of
a particular person or thing).
Common nuisance (Law), that which is deleterious to the
health or comfort or sense of decency of the community at
large.
Common pleas, one of the three superior courts of common
law at Westminster, presided over by a chief justice and
four puisne judges. Its jurisdiction is confined to civil
matters. Courts bearing this title exist in several of the
United States, having, however, in some cases, both civil
and criminal jurisdiction extending over the whole State.
In other States the jurisdiction of the common pleas is
limited to a county, and it is sometimes called a county
court. Its powers are generally defined by statute.
Common prayer, the liturgy of the Church of England, or of
the Protestant Episcopal church of the United States,
which all its clergy are enjoined to use. It is contained
in the Book of Common Prayer.
Common school, a school maintained at the public expense,
and open to all.
Common scold (Law), a woman addicted to scolding
indiscriminately, in public.
Common seal, a seal adopted and used by a corporation.
Common sense.
(a) A supposed sense which was held to be the common bond
of all the others. [Obs.] --Trench.
(b) Sound judgment. See under Sense.
Common time (Mus.), that variety of time in which the
measure consists of two or of four equal portions.
In common, equally with another, or with others; owned,
shared, or used, in community with others; affecting or
affected equally.
Out of the common, uncommon; extraordinary.
Tenant in common, one holding real or personal property in
common with others, having distinct but undivided
interests. See Joint tenant, under Joint.
To make common cause with, to join or ally one's self with.
Syn: General; public; popular; national; universal; frequent;
ordinary; customary; usual; familiar; habitual; vulgar;
mean; trite; stale; threadbare; commonplace. See
Mutual, Ordinary, General.
[1913 Webster]
|
COMMON CARRIER, contracts. One who undertakes for hire or reward to
transport the goods of any who may choose to employ him, from place to
place. 1 Pick. 50, 53; 1 Salk. 249, 250; Story, Bailm. Sec. 495 1 Bouv.
Inst. n. 1020.
2. Common carriers are generally of two descriptions, namely, carriers
by land and carriers by water. Of the former description are the proprietors
of stage coaches, stage wagons or expresses, which ply between different
places, and' carry goods for hire; and truckmen, teamsters, cartmen, and
porters, who undertake to carry goods for hire, as a common employment, from
one part of a town or city to another, are also considered as common
carriers. Carriers by water are the masters and owners of ships and
steamboats engaged in the transportation of goods for persons generally, for
hire and lightermen, hoymen, barge-owners, ferrymen, canal boatmen, and
others employed in like manner, are so considered.
3. By the common law, a common carrier is generally liable for all
losses which may occur to property entrusted to his charge in the course of
business, unless he can prove the loss happened in consequence of the act of
God, or of the enemies of the United States, or by the act of the owner of
the property. 8 S. & R. 533; 6 John. R. 160; 11 John. R. 107; 4 N. H. Rep.
304; Harp. R. 469; Peck. R. 270; 7 Yerg. R. 340; 3 Munf. R. 239; 1 Conn. R.
487; 1 Dev. & Bat. 273; 2 Bail. Rep. 157.
4. It was attempted to relax the rigor of the common law in relation to
carriers by water, in 6 Cowen, 266; but that case seems to be at variance
with other decisions. 2 Kent,. Com. 471, 472; 10 Johns. 1; 11 Johns. 107.
5. In respect to carriers by land, the rule of the common law seems
every where admitted in its full rigor in the states governed by the
jurisprudence of the common law. Louisiana follows the doctrine of the civil
law in her code. Proprietors of stage coaches or wagons, whose employment is
solely% to carry passengers, as hackney coachmen, are not deemed common
carriers; but if the proprietors of such vehicles for passengers, also carry
goods for hire, they are, in respect of such goods, to be deemed common
carriers. Bac. Ab. Carriers, A; 2 Show. Rep. 128 1 Salk. 282 Com. Rep. 25; 1
Pick. 50 5 Rawle, 1 79. The like reasoning applies to packet ships and
steam-boats, which ply between different ports, and are accustomed to carry
merchandise as well as passengers. 2 Watts. R. 443; 5 Day's Rep. 415; 1
Conn. R. 54; 4 Greenl. R. 411; 5 Yerg. R. 427; 4 Har. & J. 291; 2 Verm. R.
92; 2 Binn. Rep. 74; 1 Bay, Rep. 99; 10 John. R. 1; 11 Pick. R. 41; 8 Stew.
and Port. 135; 4 Stew. & Port. 382; 3 Misso. R. 264; 2 Nott. & M. 88. But
see 6 Cowen, R. 266. The rule which makes a common carrier responsible for
the loss of goods, does not extend to the carriage of persons; a carrier of
slaves is, therefore, answerable only for want of care and skill. 2 Pet. S.
C. R. 150. 4 M'Cord, R. 223; 4 Port. R. 238.
6. A common carrier of goods is in all cases entitled to demand the
price of carriage before he receives the goods, and, if not paid, he may
refuse to take charge of them; if, however, he take charge of them without
the hire being paid, he may afterwards recover it. The compensation which
becomes due for the carriage of goods by sea, is commonly called freight
(q.v.); and see also, Abb. on Sh. part 3, c. 7. The carrier is also entitled
to a lien on the goods for his hire, which, however, he may waive; but if
once waived, the right cannot be resumed. 2 Kent, Com. 497. The consignor or
shipper is commonly bound to the carrier for the hire or freight of goods. 1
T. R. 659. But whenever the consignee engages to pay it, he also becomes
responsible. It is usual in bills of lading to state, that the goods are to
be delivered to the consignee or to his assigns, he or they paying freight,
in which case the consignee and his assigns, by accepting the goods,
impliedly become bound to pay the freight, and the fact that the consignor
is also liable to pay it, will not, in such case, make any difference.
Abbott on Sh. part 3, o. 7, Sec. 4.
7. What is said above, relates to common carriers of goods. The duties,
liabilities, and rights of carriers of passengers, are now to be considered.
These are divided into carriers of passengers on land, and carriers of
passengers on water.
8. First, of carriers of passengers on land. The duties of such
carriers are, 1st. those which arise on the commencement of the journey. 1.
To carry passengers whenever they offer themselves and are ready to pay for
their transportation. They have no more right to refuse a passenger, if they
have sufficient room and accommodation, than an innkeeper has to refuse a
guest. 3 Brod. & Bing. 54; 9 Price's R. 408; 6 Moore, R. 141; 2 Chit. R. 1;
4 Esp. R. 460; 1 Bell's Com. 462; Story, Bailm. Sec. 591.
9. - 2. To provide coaches reasonably strong and sufficient for the
journey, with suitable horses, trappings and equipments.
10. - 3. To provide careful drivers of reasonable skill and. good habits
for the journey; and to employ horses which are steady and not vicious, or
likely to endanger the safety of the passengers.
11. - 4. Not to overload the coach either with passengers or luggage.
12. - 5. To receive and take care of the usual luggage allowed to every
passenger on the journey. 6 Hill, N. Y. Rep. 586.
13. - 2d. Their duties on the progress of the journey. 1. To stop at the
usual places, and allow the..Usual intervals for the refreshment of the
passengers. 5 Petersd. Ab. Carriers, p. 48, note.
14. - 2. To use all the ordinary precautions for the safety of
passengers on the road.
15. - 3d. Their duties on the termination of the journey. 1. To carry
the passengers to the end of the journey.
16. - 2. To put them down at the usual place of stopping, unless there
has been a special contract to the contrary, and then to put them down at
the place agreed upon. 1 Esp. R. 27.
17. The liabilities of such carriers. They are bound to use
extraordinary care and diligence to carry safely those whom they take in
their coaches. 2 Esp. R. 533; 2 Camp. R. 79; Peake's R. 80. But, not being
insurers, they are not responsible for accidents, when all reasonable skill
and diligence have been used.
18. The rights of such carriers. 1. To demand and receive their fare at
the time the passenger takes his seat. 2. They have a lien on the baggage of
the passenger for his fare or passage money, but not on the person of the
passenger nor the clothes he has on. Abb. on Sh. part 3, c. 3, Sec. 11; 2
Campb. R. 631.
19. Second, carriers of passengers by water. By the act of Congress of
2d March, 1819, 3 Story's Laws U. S. 1722, it is enacted, 1. that no master
of a vessel bound to or from the United States shall take more than two
passengers for every five tons of the ship's custom-house measurement. 2.
That the quantity of water and provisions, which shall be taken on board and
secured under deck, by every Ship bound from the United States to any port
on the continent of Europe, shall be sixty gallons of water, one hundred
pounds of salted provisions, one gallon of vinegar, and one hundred pounds
of wholesome ship bread for each passenger, besides the stores of the crew.
The tonnage here mentioned, is the measurement of the custom-house; and in
estimating the number of passengers in a vessel, no deduction is to be made
for children or persons not paying, but the crew is not to be included.
Gilp. R. 334.
20. The act of Congress of February 22, 1847, section 1, provides: "That
if the master of any vessel, owned in whole or in part by a citizen of the
United States of America, or by a citizen of any foreign country, shall take
on board such vessel, at any foreign port or place, a greater number of
passengers than in the following proportion to the space occupied by them
and appropriated for their use, and unoccupied by stores or other goods, not
being the personal luggage of such passengers, that is to say, on the lower
deck or platform one passenger for every fourteen clear superficial feet of
deck, if such vessel is not to pass within the tropics during such voyage;
but if such vessel is to pass within the tropics during such voyage, then
one passenger for every twenty such clear superficial feet of deck, and on
the @orlop deck (if any) one passenger for every thirty such superficial
feet in all cases, with intent to bring such passengers to the United States
of America, and shall leave such port or, place with the same, and bring the
same, or any number thereof, within the jurisdiction of the United States
aforesaid, or if any such master of a vessel shall take on board of his
vessel at any port or place within the jurisdiction of the United States
aforesaid, any greater number of passengers than the proportions aforesaid
admit, with intent to carry the same to any foreign port or place, every
such master shall be deemed guilty of a misdemeanor, and, upon conviction
thereof before any circuit or district court of the United States aforesaid,
shall, for each passenger taken on board beyond the above proportions, be
fined in the sum of fifty dollars, and may also be imprisoned for any term
not exceeding one year: Provided, That this act shall not be construed to
permit any ship or vessel to carry more than two passengers to five tons of
such ship or vessel."
21. Children under one year of age not to be computed in counting the
passengers, and those over one year and under eight, are to be counted as
two children for one passenger, Sect. 4. But this section is repealed so far
as authorizes shippers to estimate two children of eight years of age and
under as one passenger by the act of March 2, 1847, s. 2.
22. In New York, statutory regulations have been made in relation to
their canal navigation. Vide 6 Cowen's R. 698. As to the conduct of carrier
vessels on the ocean, Vide Story, Bailm. Sec. 607 et seq; Marsh. Ins. B. 1,
c. 12, s. 2. And see, generally, 1 Vin. Ab. 219; Bac. Ab. h.t.; 1 Com. Dig.
423; Petersd. Ab. h.t.; Dane's Ab. Index, h.t.; 2 Kent, Com. 464; 16 East,
247, note; Bouv. Inst. Index, h.t.
23. In Louisiana carriers and watermen are subject, with respect to the
safe-keeping and preservation of the things entrusted to them, to the same
obligations and duties, as are imposed on tavern keepers; Civ. Code, art.
2722; that is, they are responsible for the effects which are brought,
though they were not delivered into their personal care; provided, however,
they were delivered to a servant or person in their employment; art. 2937.
They are responsible if any of the effects be stolen or damaged, either by
their servants or agents, or even by strangers; art. 2938; but they are not
responsible for what is stolen by force of arms or with exterior breaking
open of doors, or by any other extraordinary violence; art. 2939. For the
authorities on the subject of Common carriers in the civil law, the reader
is referred to Dig. 4, 9, 1 to 7; Poth. Pand. lib. 4, t. 9; Domat liv. 1, t.
16, S. 1 and 2; Pard. art. 537 to 555; Code Civil, art. 1782, 1786, 1952;
Moreau & Carlton, Partidas 5, t. 8, 1. 26; Ersk. Inst. B. 2, t. 1, Sec. 28;
1 Bell's Com. 465; Abb. on Sh. part 3, c. 3, Sec. 3, note (1); 1 Voet, ad
Pand. lib. 4, t. 9; Merl. Rep. mots Voiture, Voiturier; Dict. de Police,
Voiture.
|