COMMON. An incorporeal heredita ment, which consists in a profit which one man has in connection with one or more others in the land of another. 12 Serg. & R. Penn. 32; 10 Wend. N. Y. 647; 11 Johns. N. Y. 498; 16 id. 14, 30, 10 Pick. Mass. 364; 3 Kent, Comm. 403.
2. Common of estovers is the liberty of taking necessary wood, for the use of furni ture of a house or farm, from another man's estate. This right is inseparably attached to the house or farm, and is not apportionable. If, therefore, a farm entitled to estovers be divided by the act of the party among several tenants, neither of them can take estovers, and the right is extinguished. 2 Blackstone, Comm. 34 ; Plowd. 381; 10 Wend. N. Y. 639 ; 1 Barb. N. Y. 592. It is to be distinguished from the right to estovers which a tenant for life has in the estate which be occupies. See EsTOYERS.
3. Common of pasture is the right of feed ing one's beasts on another's land. It is either appendant, appurtenant because of vicinage, or in gross.
Common of piscary is the liberty of fish ing in another man's water. 2 Blackstone, Comm. 34. See FISHERY.
Common of shack. The right of persons occupying lands lying together in the sane common field, to turn out their cattle after harvest to feed promiscuously in that field. Wharton, Diet. ; 2 Stephen, Comm. 6 ; 1 Bar new. & Ald. 710.
Common of turbary is the liberty of digging turf in another man's ground. Common of turbary can only be appendant or appurtenant to a house, not to lands, because turves are to be spent in the house. 4 Coke, 37; 3 Atk.
Ch. 189; Noy. 145 ; 7 East, 127.
4. The taking seaweed from a beach is a commonable right in Rhode Island. 2 Curt. C. C. 571; 1 R. I. 106; 2 id. 218. The con stitution of Illinois provides for the continu ance of certain commons in that state. Ill. Const. art. 8, 8. .In Virginia it is declared by statute that all unappropriated lands on the Chesapeake Bay, on the shore of the sea, or of any river or creek, and the bed of any river or creek in the eastern part of the commonwealth, ungranted and used as com mon, shall, etc. Va. Code, c. 62, 1.
5. In most of the cities and towns in the United States, there are considerable tracts of land appropriated to public use. These commons were generally laid out with the cities or towns where they are found, either by the original proprietors or by the early inhabitants.
Where land thus appropriated has been accepted by the public, or where individuals have purchased lots adjoining land so appro priated, under the expectation excited by its proprietors that it should so remain, the pro prietors cannot resume their exclusive owner ship. 3 Vt. 521; 10 Pick. Mass. 310 ; 4 Day, Conn. 328 ; 1 Ired. No. C. 144; 7 Watts, Penn. 394. And see 14 Mass. 440; 2 Pick. Mass. 475; 12 Serg. & R. Penn. 32; 6 Vt. 355.