Legal Term Dictionary

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...

The sitting of a court legislature, council, commission, etc., for tbe transaction of its proper business. Hence, the period of time, within any one day, during which such body is assembled in form, and engaged in the transaction of business, or, in a more extended sense, the whole space-of time More...

The sitting of a court legislature, council, commission, etc., for tbe transaction of its proper business. Hence, the period of time, within any one day, during which such body is assembled in form, and engaged in the transaction of business, or, in a more extended sense, the whole space-of time from its first assembling to its prorogation or adjournment sine die. Synonyms. Strictly speaking, the word "session,'7 as applied to a court of justice, is not synonymous with tbe word "term." The "session" of a court is the time during which it actually sits for the transaction of judicial business, and hence terminates each day with the rising of the court. A "term" of court is tbe period fixed by law, usually embracing many days or weeks, during; which it shall be open for the transaction of judicial business and during vhich it may hold sessions from day to day. But this distinction is not always observed, many authorities using the two words interchangeably. See Lipari v. State. 19 Tex. App. 433; Stefani v. State, 124 Ind. 3, 24 N; E. 254; Mansfield v. Mutual Ben. L. Ins. Co., 63 Conn. 579. 29 Atl. 137; Heim v. Brammer, 145 Ind. 605, 44 N. E. 638; Ciesap v. Cresap, 54 W. Va. 581. 46 S. E. 582; v. S. v. Dietrich (C. C.) 126 Fed. 660. -Court of session. The supreme civil court of Scotland, instituted A. D. 1532, consisting of thirteen (formerly fifteen) judges, vis., the lord president, the lord justice clerk, and eleven ordinary lords.-General sessions. A court of record, in England, held by two or more justices of the peace, for the execution of the authority given them by the commission of the peaee and certain statutes. General sessions held at certain times in the four quarters of the year pursuant to St. 2 Hen. V. are properly called ''quarter sessions," (q. v.,) but intermediate general sessions may also be held Sweet.-Great session of Wales. A court which was abolished by St 1 Wm. IV. c 70. The proceedings now issue out of the courts at Westminster, and two of the judges of the superior courts hold the circuits in Wales and Cheshire, as in other English counties. Wharton.-Joint session. In parliamentary practice, a meeting together and commingling of the two houses of a legislative body, sitting and acting together as one body, instead of separately in their respective houses. Snow v. Hudson, 56 Kan. 378, 43 Pac 262.-Fatty sessions. In English law. A special or petty session is sometimes kept in corporations and counties at large by a few justices, for dispatching smaller business in the neighborhood between the times of the general sessions: as for licensing alehouses, passing the accounts of the parish officers, etc. Brown.-Quarter sessions. See that title.-Regular session. An ordinary, general, or stated aessionv (as of a legislative body,) as distinguished from a special or extra session.--Session, laws. The name commonly given to the body of laws enacted by a state legislature at one of its annual or biennial sessions. So called to distinguish them from the "compiled laws" or "revised statutes" of the state.-Session of tbe peaee, in English law, is a sitting of ojustices of the peace for the exercise of their powers. There are four kinds,-petty, special, onarter, and general sessions.-Sessional orders. Certain resolutions which are agreed to by both houses at the commencement of every session of. the English parliament, and have relation to the business and convenience thereof ; but they are not intended to continue in force beyond the session in which they are adopted. They are principally of use as directing the order of business. Brown.-Sessions. A sitting of justices in court upon their commission, or by virtue of their appointment, and most commonly for the trial of criminal cases. The title of several courts in England and the United States, chiefly those of criminal jurisdiction. Burrill.-Special sessions. In English law. A meeting of two or more justices of the peace held for a special purpose, (such as the licensing of alehouses,) either as required by statute or when specially convoked, which can only be convened after notice to all the other magistrates of the division, to give them an opportunity of attending. Stone, J. Pr. 52, 55. Less...

This word appears to be nearly synonymous with "lease." A lease of mines is frequently termed a "mining set" Brown.

This word appears to be nearly synonymous with "lease." A lease of mines is frequently termed a "mining set" Brown. Less...

To set aside a judgment, decree, award, or any proceedings is to cancel, annul, or revoke them at the instance of a party unjustly or Irregularly affected by them. State v. Primm, 61 Mo. 171; Brandt v. Brandt 40 Or. 477, 67 Pac. 508.

To set aside a judgment, decree, award, or any proceedings is to cancel, annul, or revoke them at the instance of a party unjustly or Irregularly affected by them. State v. Primm, 61 Mo. 171; Brandt v. Brandt 40 Or. 477, 67 Pac. 508. Less...

To set down a cause for trial or hearing at a given term is to enter ita title in the calendar, list or docket of causes which are to be brought on at that term.

To set down a cause for trial or hearing at a given term is to enter ita title in the calendar, list or docket of causes which are to be brought on at that term. Less...

In mercantile law. Foreign bills are usually drawn in duplicate or triplicate, the several parts being called respectively "flrst of exchange," "second of exchange," etc., and these parts together constitute a "set of exchange." Any one of them being paid, the others become void.

In mercantile law. Foreign bills are usually drawn in duplicate or triplicate, the several parts being called respectively "flrst of exchange," "second of exchange," etc., and these parts together constitute a "set of exchange." Any one of them being paid, the others become void. Less...