(N. Y¥.) 649: Smith v. Floyd, 18 Barb. (N. Y.) 527. —Common because of vicinage is where the inhabitants of two townships which lie contizuous to each other have usually intercommoned with one another, the beasts of the one straying mutually into the other’s fields, without any molestation from either. This is, indeed, only a permissive right, intended to excuse what, instrictness, is a trespass in both, and to prevent & multiplicity of suits, and therefore either township may inclose and bar out the other, though they have intercommoned time out of mind. 2 Bl. Comm. 33; Co. Litt. 1224.—Common in oss, or at large. <A species of common which is, neither appendant nor appure tenant to land, but is annexed to a man’s person. being granted to him and his heirs by deed; or it may be claimed by prescriptive right, as by a parson of a church or the like corporation sole. 2 Bl. Comm. 34. It is a separate inheritance, entirely distinct from any other landed property, vested in the person to whom the common right belongs. 2 Steph. Comm. 6; Mitchell v. D’Olier, 68 N. J. Law, 375, 53 Atl. 467, 59 L. R. A. 949.—Common of : Common of digging, or common in the soil, is the right to take for one’s own use part of the soil or minerals in another’s land; the most usual subjects of the right are sand, gravel, stones, and clay. It is of a very similar nature © to common of estovers and of turbary. Elton,