Legal Term Dictionary

In contracts. The being employed tp serve another; duty or labor to be rendered by one person to another. The term is used also for employment In one of the offices, departments, or agencies of the government; as in the phrases "civil service," "public service," etc. * In fondal law. More...

In contracts. The being employed tp serve another; duty or labor to be rendered by one person to another. The term is used also for employment In one of the offices, departments, or agencies of the government; as in the phrases "civil service," "public service," etc. * In fondal law. Service was the consideration which the feudal tenants were bound to render to the lord in recompense for the lands they held of him. The services, in respect of their quality, were either free or base serviees, and, in respect of their quantity and the time of exacting them, were either certain or uncertain. 2 Bl. Comm. 60. In praetiee. The exhibition or delivery of a writ notice, injunction, etc., by an authorized person, to a person who is thereby officially notified of some action or proceeding in owhich he is concerned, and is thereby advised or warned of some action or step which be is commanded to take or to forbear. See Walker v. State, 52 Ala. 193; U. S. v. Mc-Mahon, 164 U. S. 81, 17 Sup. Ct 28, 41 L. Ed. 3J37; Sanford v. Dick, 17 Oonn. 213; Cross v. Barber, 16 R. I. 266, 15 Atl. 69. -Civil sorvioo. See that title.-Constructive service of prooess. Any form of service other than actual personal service; notification of an action or of some proceeding therein, given to a person affected by sending it to him in the mails or causing it to be published in a newspaper.-Personal service. Personal service of a writ or notice is made by delivering it to the person named, in person, or handing .him a copy and informing him of the nature and terms of the original. Leaving a copy at his place of abode is not personal service. Moyer v. Cook, 12 Wis. 336.-Salvage service. See SALVAGE.-Secular service. Worldly employment or service, as contrasted with spiritual or ecclesiastical.-Sorvioo by publication. Service of a summons or other process upon an absent or non-resident defendant by S ublishing the same as an advertisement in a esignated newspaper, with such other efforts to give him actual notice as the particular statute may prescribe.-Service of an heir. An old form of Scotch law, fixing the right and character of an heir to the estate of his ancestor. Bell.-Sorvioo of prooess. The service of writs, summonses, rules, etc., signifies the delivering to or leaving them with the party to whom or with whom they ought to be delivered or left; and, when they are so delivered, they are then said to have been served. Usually a copy only is served and the original is shown. Brown.-Special service. In Scotch law. That form of service by which the heir is served to the ancestor who was feudally vested in the lands. Bell.-Substituted service. This term generally denotes any form of service of process other than personal service, such as service by mail or by publication in a newspaper; but it is sometimes employed to denote service of a writ or notice on some person other than the one directly concerned, for example, his attorney of record, who has authority to represent him or to accept service for him. Less...

A judicial writ for a man distrained for services to one, when he owes and performs them to another, for the acquittal of such services. Reg. Jud. 27.

A judicial writ for a man distrained for services to one, when he owes and performs them to another, for the acquittal of such services. Reg. Jud. 27. Less...

Lat In feudal and old English law. The duty of obedience and performance which a tenant was bound to render to his lord, by reason of his fee. Spelman. -Servitium feodale et prodiale. A personal service, but due only by reason of lands which were held in fee. Bract. 1. More...

Lat In feudal and old English law. The duty of obedience and performance which a tenant was bound to render to his lord, by reason of his fee. Spelman. -Servitium feodale et prodiale. A personal service, but due only by reason of lands which were held in fee. Bract. 1. 2, c. 16.- Servitium forinseeum. Forinsec, foreign, or extra service; a kind of service that was due to the king, over and above (fori*) the service due to the lord.-Servitium intrin-secmn. Intrinsic or ordinary service; the ordinary service due the chief lord, from tenants within the fee. Bract fols. 36, 366.-Servitium liberum. A service to be done by feudatory tenants, who were called "liberi homines, and distinguished from vassals, as was their service, for they were not bound to any of the base services of plowing the lord's land, etc., but were to find a man and horse, or go with the lord into the army, or to attend the court, etc. Cowell.-Servitiiim mllitare. Knight-service; military service. 2 Bl. Comm. 62.-Servitiiim resale. Royal service, or the rights and prerogatives of manors which belong to the king as lord of the same, and which were generally reckoned to be six, viz.: Power of judicature, in matters of property; power of life and death, in felonies ana murder; a right to waifs and strays; assessments ; minting of money; and assise of bread, beer, weights, and measures. Cowell.- Servitiiim souti. Service of the shield; that is. knight-service.-Servitiam sokse. Service ot the plow; that is, socage. Servitiam, in lege Anglian, regnlariter aeoipitnr pro servitio qnod per tenentes dominis sols debetnr ratione food! Co. Litt 65. Service, by the law of England, means the service which is due from the tenants to the lords, by reason of their fee. Less...

A serving-man; particularly applied to students at Oxford, upon the foundation, who are similar to sizars at Cambridge. Wharton.

A serving-man; particularly applied to students at Oxford, upon the foundation, who are similar to sizars at Cambridge. Wharton. Less...

In old English practice. Servants or messengers of the marshal of the king's bench, sent out with bills or writs to summon persons to that court Now more commonly called "tipstaves." CowelL

In old English practice. Servants or messengers of the marshal of the king's bench, sent out with bills or writs to summon persons to that court Now more commonly called "tipstaves." CowelL Less...

1. The condition of being bound to service; the state of a person who is subjected, voluntarily or otherwise, to another person as his servant -Involuntary servitude. See INVOLUNTARY.-Penal servitude. In English criminal law, a punishment which consists in keeping the offender, in confinement and compelling him to labor. 2. More...

1. The condition of being bound to service; the state of a person who is subjected, voluntarily or otherwise, to another person as his servant -Involuntary servitude. See INVOLUNTARY.-Penal servitude. In English criminal law, a punishment which consists in keeping the offender, in confinement and compelling him to labor. 2. A charge or burden resting upon one estate for the benefit or advantage of another ; a species of incorporeal right derived from the civil law (see SERVITUS) and closely ocorresponding to the "easement" of the common-law, except that "servitude" rather has relation to the burden or the estate burdened, while "easement" refers to the benefit or advantage or the estate to which it accrues. See Nellis v. Munson, 24 Hun (N. T.) 576; Rowe v. Nally, 81 Md. 367, 32 Atl. 108; Los Angeles Terminal Land Co. v. Muir, 136 Cal. 36, 68 Pac. 308; Laumier v. Francis, 23 Mo. 184; Ritger v. Parker, 8 Cush. (Mass.) 145, 54 Am. Dec. 744; Kief-fer v. Imhoff, 26 Pa. 438. Tbe term "servitude," in its original and popular sense, signifies the duty of service, or rather the condition of one who is liable to the performance of services. The word, however, in its legal sense, is applied figuratively to .things. When the freedom of ownership in land is fettered or restricted, by reason of some person, other than the owner thereof, having some right therein, the land is said to "serve" such person. The restricted condition of the ownership or the right which forms the subject-matter of the restriction is termed a "servitude." and the land so burdened with another's right is termed a "servient tenement," while the land belonging to the person enjoying the right is called the "dominant tenement. The word "servitude" may be said to have both a positive and a negative signification; in the former sense denoting the restrictive right belonging to .the entitled party; in the latter, the restrictive duty entailed upon the proprietor or possessor of -the servient land. Brown. Classification. All servitudes which affect lands may be divided into two kinds, -personal and real. Personal servitudes are those attached to the person for whose benefit they are established, and terminate with his life. This kind of servitude is of three sorts,-usufruct, use, and habitation. Real servitudes, which are also called "predial" or "landed" servitudes, are those which the owner of an estate enjoys on a neighboring estate for the benefit of his own estate. They are called "predial" or "landed" servitudes because, being established for the benefit of an estate, they are rather due to the estate than to the owner personally. Civ. Code La. art. 646. Real servitudes are divided, in .the civil law, into rural and urban servitudes. Rural servitudes are such as are established for the benefit of a landed estate; such, for example, as a right of way over the servient tenement or of access to a spring, a coalmine, a sand-pit or a wood that is upon it Urban servitudes are such as are established for the benefit of one building over another. (But the buildings need not be in the city, as the name would apparently imply.) They are such as the right of support or of view, or of drip or sewer, or the like. See Mackeld. Rom. Law, | 316, et seq. Servitudes are also classed as positive and negative. A positive servitude is one which obliges the owner of the servient estate to permit or suffer something to be done on his property by another. A negative servitude is one which does not bind the servient proprietor to permit something to be done upon his property by another, but merely restrains him from making a certain use of his property which would impair the easement enj oyed by the dominant tenement See Rowe v. Nally, 81 Md. 367, 32 Aa 196. Less...

Lat. In the civil law. Slavery; bondage; the state of service. Defined as "an institution of the conventional law of nations, by which one person is subjected to the dominion of another, contrary to natural right" Inst 1, 3, 2. Also a service or servitude; an easement -Servitus aotus. The More...

Lat. In the civil law. Slavery; bondage; the state of service. Defined as "an institution of the conventional law of nations, by which one person is subjected to the dominion of another, contrary to natural right" Inst 1, 3, 2. Also a service or servitude; an easement -Servitus aotus. The servitude or right of walking, riding, or driving over another's ground. Inst. 2, 3, pr. A species of right of way.-Servitus altius non tollendi. The servitude of not building higher. A right attached to a house, by which its proprietor can prevent his neighbor from building his o*wn bouse higher. Inst 2, 3, 4.-Servitus aquas duoondsB. The servitude of leading water; the right of leading water to one's own premises through another's land. Inst. 2, 3, pr. ? Servitus aquas odueondsB. The servitude of leading off water; the right of leading off the water from one's own onto another's ground. Dig. 8, 3, 29.-Servitus aquas hauriendae. The servitude or right of draining water from another's spring or well. Inst 2, 3, 2.- Servitus oloaoaa ntittondse. The servitude or right of having a sewer through the house or ground of ours neighbor. Dig. 8, 1, 7.- Servitus fund inunittendi. The servitude or right of leading off smoke or vapor through the chimney or over the ground of one's neighbor. Dig. 8. 5, 8, 5-7.-Servitus itineris. The servitude or privilege of walking, riding, and being carried over another's ground. Inst. 2, 3, pr. A species of right of way.-Servitus luminum. The servitude of lights; the right of making or having windows or other openings in a wall belonging to another, or in a common wall, in order to obtain light for one's building. Dig. 8, 2, 4.-Servitus ne luminibus oJB-oiatur. A servitude not to hinder lights; the right of having one's lights or windows unobstructed or darkened by a neighbor's building, etc. Inst. 2, 3, 4.-Servitus ne prospectus offendatur. A servitude not to obstruct one's prospect i. a., not to intercept the view from one's house. Dig. 8, 2, 15.-Servitus oneris ferendi. The servitude of bearing weight; the right to let one's building rest upon the building, wall, or pillars of one's neighbor. Mackeld. Rom. Law, | 317.-Servitus pas-cendi. The servitude of pasturing; the right of pasturing one's cattle on another's ground; otherwise called "/at patcendi." Inst. 2, 3, 2. -Servitus peooris ad aquam adpulsam. A rigbt of driving one's cattle on a neighbor's land to water.-Servitus prasdii rustic!. The servitude of a rural or country estate; a rural servitude. Inst. 2, 3, pr., and 3.-Servitus prasdii urbanl. The servitude of an urban or city estate; an urban servitude. Inst 2, 3. 1.-Servitus praediorum. A predial servitude; a service, burden, or charge upon one estate for the benefit of another. Inst 2, 3, 3.-Servitus projiciendi. The servitude of projecting* the right of building a ? rejection from one*s house in the open space elonging to one's neighbor. Dig. 8, 2, 2.- Servitus prospectus. A right of prospect. This may be either to give one a free prospect over his neighbor's land or to prevent a neighbor from having a prospect over one's own land. Dig. 8, 2. 15; Domat, 1, 1, 6.-Servitus stillioidii. The riabt of drip; the right of having the water drip from the eaves of one's house upon the house or ground of one's neighbor. InBt. 2. 3, 1, 4; Dig. 8, 2, 2.-Servitus tigni immittendi. The servitude of letting In a beam; the right of inserting beams in a neighbor's wall. Inst. 2, 3, 1, 4; Dig. 8, 2, 2. -Servitus vise. Tbe-servitude or right of way; the right of walking, riding, and driving over another's land. Inst 2, 8, pr. Less...

Lat. In the civil and old English law. A slave; a bondman. Inst 1, 8, pr.; Bract foL 4b.

Lat. In the civil and old English law. A slave; a bondman. Inst 1, 8, pr.; Bract foL 4b. Less...

In English law. A tax, rate, or assessment.

In English law. A tax, rate, or assessment. Less...

Lat. In old English law. A Sitting; a session. Sessio parliamenti, the sitting of parliament. Cowell.

Lat. In old English law. A Sitting; a session. Sessio parliamenti, the sitting of parliament. Cowell. Less...