Common Assurances

Concept of Common Assurances

Traditional meaning of common assurances [1] in the English common law history: Common bail: BAIL. Common bar: Blank bar (see this last concept in this legal reference), Common Bench: the Bench, as distinguished from the King’s Bench; the Court of Common Pleas; COURT, 10. Common carrier: a carrier who carries indifferently for all the world; one who undertakes to carry persons or goods without special contract; 1 Pick. 50; 24 Conn. 479; 10 N. H. 486; CARRIER Common counts: certain general forms of declaration in actions to recover money due when a debt has been incurred. They are usually added to the special counts, to prevent the possibility of a variance, and cover the ordinary cases of contracts which result in an implied promise to pay money; Perry C. L. PI. 88, 316. Common day: DAY. Common fine: like cert money (see this last concept in this legal reference), Common form: proof of a will by the executor on his own oath; as opposed to proof per testes (by witnesses) when the will was disputed. Common intendment: natural sense; a simple, not strained, construction. Common jury; JURY. Common law: 1. English law, as distinguished from foreign, civil, or canon law. 2. That part of Enghsh law which does not depend on statutes. 3. Law administered in the common-law courts, not equity or admiralty. 4. General customs, as distinguished from special or local; ; 1 Kent, 492. 5. In the United States, that law of England, whether written or unwritten, which existed at the time of the American Revolution, so far as it is applicable to conditions in the United States; Rob. El. L. Rev. ed.; § 5. Common nuisance: one affecting, or which may affect, the public or people generally, not a particular person or persons. Common place: common pleas. Common pleas: civil cases; COURT, 10; PLEA. Common recovery; RECOVERY. Common scold: a woman of this kind was considered a nuisance at common law, and was punished by the castigatory or cucking-stool, a species of chair on the end of a pole. She was placed thereon, and immersed in a pond of water. The crime is now punished by fine or imprisonment; 12 S. & R. 220. Common traverse ; TRAVERSE. Common vouchee ; RECOVERY.[rtbs name=”history-of-english-law”]

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Notes and References

1. Based on A concise law dictionary of words, phrases and maxims, “Common Assurances”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included Common Assurances.

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