COMMON APPENDANT. Common of pasture appendant is a right annexed to the pos session of laud, by which the owner there of is entitled to feed his beasts on the wastes of the manor. It can only be claimed by prescription: so that it cannot be pleaded by way of custom ; 1 Rolle, Abr. 396; 6 Coke 59. It is regularly annexed to arable land only, and can only be claimed for such cattle as are necessary to tillage, as horses and oxen to plough the land, and cows and sheep to manure it ; 2 Greenl. Cruise, Dig. 4, 5; Van Rensselaer v. Radcliff, 10 Wend. (N. Y.) 647, 25 Am. Dec. 582. Common ap pendant may by usage be limited to any certain number of cattle ; but where there is no such usage, it is restrained to cattle levant and couchant upon the land to which it is appendant; Digb. R. P. 156 ; 2 M. & R. 205 ; 2 Dane, Abr. 611, § 12. It may be assigned ; and by assigning the land to which it is appended, the right passes as a necessary incident to it. It may be appor
tioned by granting over a parcel of the land to another, either for the whole or a part of the owner's estate ; 4 Co. 36 ; 8 id. 78. It may be extinguished by a release of it to the owner of the land, by a severance of the right of common, by unity of possession of the land, or by the owner of the land, to which the right of common is annexed, be coming the owner of any part of the land subject to the right ; Bell v. R. Co., 25 Pa. 161, 64 Am. Dec. 687; Livingston v. Ten Broeck, 16 Johns. (N. Y.) 14, 8 Am. Dec. 287 ; Cro. Eliz. 592.
Common of estovers or of piscary, which may also be appendant, cannot be appor tioned ; 8 Co. 78. But see Hall v. Lawrence, 2 R. I. 218, 57 Am. Dec. 715.