Page:Black's Law Dictionary (Second Edition).djvu/1084

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SERVE

21 S. W. 907. 31 Am. St. Rep. 314; Murray v. l)w'lght, 16] N. Y. 301, 55 N. E. 901. 48 L. R. A. 6- : Ginter v. Shelton. i02 Va. 135, -15 S. E. S92; Powers v. Massachrisetts Humieop.rtl.xi(: Llospitni, 109 Fed. 29-1. -17 G. G. A. 12;‘. 155 L. R. A. 372: Campijeid v. Lang,

0 (C. C.) 25 Fed 131; Frank v. Ileroid. 63 N. J. Eq. 4-13. 52 Atl. 152; 1\IOi'gtill v. Bow- man. 22 M0. 548; Gravatt v. State, 25 Ohio St. 167: Hand v. Coie, 88 Ten. 400, 12 S. W. 922, 7 L. R. A. 90.

SERVE. In Scotch practice. To render

ii verdict or (ierlslon in favor of a person

cl.'ilnun_: to be an heir; to dccinre the fact of

his heushlp judicially. A jury are said to

serve -i cialrnnnt licir, when they find him to

be heir, upon the ei idence submitted to them. Bell

As to seri in; papers, etc., see SERVICE or Piiocnss.

SERVI. Lzit. In old European law. Slaies; persons over whom their masters had absoiute dominion.

In old English law. tenants. Cowell.

Bondmen; servlle

E R. V I REDEMPTIONE. Criminal slaves in the time of Henry I. 1 Keinble, Sax. 197, (18-19.)

SERVICE. In contracts. The being eru- ploved to serve another; duty or labor to -he rendered by one person to another.

The term is rised also for employment in one of the offir-es, departments, or agencies of the government: as in the phrases "civil service," "public service," etc.

In feudal law. Service was the consid- El"lIl0l.i which the feudal tenants were bound to render to the iorrl in recompense for the iunds they held of him. The services. in respect of their qiiaiity, were either free or base services, and, in respect or their quantity and the time of exacting them, were either wrtuin or uncertain. 2 Bl. Comm. 60.

In practice. The exhibition or delivery of a writ. notice, injunction, etc., by an authorized person. to a person who is thereby odicrail y notiljcrl of some action or proceeding in which he is concerned, and is thereby advised or warned of some action or step which he is commanded to tnire or to fmbciir. See “'.ilker v. State. 52 Ala. 1113; U. S. v. Mc- \l:ll.l0'l. 164 U. S. 81. 17 Sup. Ct 28. 41 L. Ed. 357: Sanford v. Dick. 17 Conn. 213; (‘russ v. Barber, 16 R. I. 266, 15 ALL (39. —Civil Iel-vice. Soc that litle.—-Cunstructive service of process. Any fo 1 of service other than nctual personni service: notification of an action or of some proceeding I.l1(‘i('iE|. gnen to :1 person affected by sending it to him in the mails or causing it to be publishexi in a ne\i.sp:iper—Personn.l service. I‘L-rson il service of a writ or notice is made by delivering it to the person nauierl. in person, or handing him a copy and informing him of the nature

1076

SERVITIIS ACQUIETANDIS

and terms of the originai. his place of abode is not porsnnai se Moyer v. Cook, 12 Wis. 33(i.—Sa1vage nerviue. See SALvnoi:.—Secn]arse.rvica. i\’t:rlrliy_employment or service, as contrasted vt spiritual or ecclesiasI.ic.al.—Service by pub ' Service of a summons or other prfi upon an absent or non-resident defendant. publishing the some as an advertisement in a designated newspaper, with such other Is to give him actual notice as the part H statute may prescribe —Service of an hnir. An old form of Scotch law. fixing the right and character of an heir to the estate of his cl. cestor. ]3eli.—Service of process. The 197:. ice of writs. summonses, rules. etc. si iilll the delivering to or ieaving them Will lb part to whom or with whom they oumt to be eiivered or left; and, when they are so rlelivt-red, they are then said to have b served. Usually a copy only is served and ii: original is shown. Brown.—Specia.l service. In Scotch law. That form of service la‘-1 Mug to the nlicestor vi a nus

Leaiing a copy ‘

the_hciz- is served fr-urially vested in the lands. Bi-ll.—SnhItituted service. This term grnr-rally thall- anv form of service of process other than pel- sonai service. such as service by mail or by I puhlication in a newspaper; but it is sometitu employed to denote service of a writ or n

on some person other than the one directly concerned, for example. his attorney of ret:aI'd, who has authority to represent him or to accept service for him.

SERVICES FONCIERS. Fr. These are. in French law, the easements or English law. Brown.

SERVIDUMBRE. In Spanish law. A servitude. The right and use which one man has in the buildings and estates of an- other. to use them for the benefit of his own. Las Partidas, 3. 31. l.

SERVIENS AD CLAVAM. Serjeant at mace. 2 Mod. 58.

SERVIENS AD LEGEM. lish practice. Serjezrnt at law.

In old Eug-

SEEVIENS DOMINI REGIS. In old English law. King's serjeaiit; a piilullc ni- ficer, who acted sometimes as the sberi1!‘s deputy, and had also judicial powers. i:ir.rcL fols. 145b, 1501), 330, 358.

SERVIENT. serving; subject to a service or servitude. A scrricizt estate is one which is burdened with a seriitude. —Serv-lent tenement. An estate in respect of winch a service is owing as the danmumt tcnenteitt is that to which the service is due.

Serv-ilo est expilntionis erlman; cola innoecntia libera. 2 Inst. 573. The crime of theft is slavish; innocence alone is free.

Sex-vitin personalia leqnuntirr penan- run. 2 Inst. 374; Personal services follow the person.

SERVITIIS ACQUIETANDIS. A judicial writ fior a man disliained for servlr-9,!

to one, when he owes and peri'vrins them to