Page:Black's Law Dictionary (Second Edition).djvu/1085

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


SERVITIUM

another, for the acquittal at such services. Reg. Jud. 27.

SERVITIUM. Lat. In feudal (ind. old English law. The duty of obedience {ind performance which a tenant was bound to render to his Lord, by reason or his foe. Spel- man.

—Servitiu:m feodsle et prmdiale. A persons] service, but due only by reason of lands which were held in fee. Bract. l. 2. c. 16- Servitium for-lnsecum. l<‘orinscc, foreign, or extra service; a kind of service that vias due to the king. over and above (foris) the service due to the lord.-Sex-vitium intrinneciuii. Intrinsic or oiilinarv service; tho ordinary service due the chief lord. from tennnls nilhin the fee. Brant. fols. 36. .€(ib.—Se:-vitiiun lihernm. A st-rvice to bc done hy feud'itoi'y Icuiints. viho were called “libcri hominrs," 1llJl] Ysliuguishrd from vassnls, as was their EPl‘ViI’:(’, 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. Conel1.—Sex-vitinin militate. Knight-seivicc: niilitiry service. 2 Bl. Comm. 62.—Sex-vitinm 1-egale. Royal sci-iicc, or the rights mid pi-orogativos of man- ors which belong to the king as lord of the sums and which were generally reckoned to be six. viz: Power of Judicature. in matters of property . power of life and death. in felonies and murder; a right to waits and strays; as- Mzssiucnts; uiinting of money; and ossi of bread. bet-r. \\Pl:'ii[E, and memsiires. Cowell.— Servitinm ncuti. Service of the shieiri: that kniglit-service.—Se1-vitinm nokaa. Service of the plovi ,' that is. socnge.

Sex-vitinm, in legs Anglia, reg-nlnrlter nncipitnr pro servitlo quod per tenenteu dominiu unis debetnr rations feodi sni. Co. Lin. ('5. Service, by the low of Eng- iand, means the service which is due from the tenants to the lords, by reason of their fee.

SERVITOR. A serving-man; particular- ly applied to students at Oxford. upon the foundation, who are similar to sizsrs at Cambiidge. Wb:irtou.

SERVITORS OF BILLS. In Old English practice. Servants or messengers of the miirshni of the king's bench. sent out with bills or writs to summon persons to that court. Now more commonly called “tip- staves." Oowcll.

SERVTTUIIE. 1. The condition of being hound to service; the state of :1 person who is subjected. voliiutariiv oi- otherwise. to another person as his servant —InvolI|nta1'y servitude. Sou I'\‘VOLUN— rl\RY.—Penn1 servitude. In English criminal l.'\v. :i [)l.il.L|Siil11L‘l.lt vihich consists in keeping line offender in confinement and compelling him to labor.

2. A charge or burden resting upon one estate for the benefit or advantage of an- other; a species of incorporeai rigiit derived from the civil law (see SERVITUS) and closely coiresponding to the "easement" of the com- mon-la-vv, except that "servitude" rather has

1077

SERVITUDE

relation to the burden or the estate burdened, while “euserne.nt" refers to the benefit or adiziiituge or the estate to which it accrues. See l\‘ei.lis v. Muiisou. ‘)4 Hun (N. Y.) ; Rowe v. Nnily. S1 Md. . 32 Ati. 19.‘: Los Aiigoies Terminal Lt_l!1Il Co. V. Muir, 136 Cal. 36. 63 Pac. 308; Luuniier v. Francis. 23 Mo. 1S4; Rltger v. Pnrlter. 8 Cush. (M:iss.) 145. 54 Am. Dec. 744; Kietter v. Imlioff. 26 Pa. -138.

The term “servitude," in its original and popular sense, signifies the duty of service. or ralher the condition of one who is liable to the performance of services. The word. hov_vever. in its legal sense. is applied figuratively to things. “hen the freedom of ovineiship in land is fettcred or restricted, by rciisou of some person, other lhnn the owner thereof. having some right therein, the land is sai_d to "serve" such person. The restricted condition of the owuciship or the right which forms the subject-matter of the restriction is termed a “ser\itude." and the loud so burdened with another’s right is termed a “servlent tenement,” while the land belonging to the peison enjoying the right is called the "dominant tenement." The word "servitude" may he sold to have both a positive and a negative signification; in t former sense denotinv the restrictive right be- longing to the entitled party; in the latter. the restrictive duty entailed upon the proprietor or possessor of the servlent land. Biown.

Classification. All servitudes which affect lands may be divided into two kinds. —persomzl and real. Peisouni 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 hsbitutlou. Real servitudes, which are also called "pred- iai' or "lauded" seriitudes, are those which the owner of an estate enjoys on a neigh. boring estate for the heueijt of his own estate. T‘hey are culled "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 luu. into rural and urlmii. servltiitlcs. Rural servitudes are such as are established for the benefit or s landed estate: such, for ex- ample, as a right of Way over the servie.nt tenement, or of access to B. spring. B. coal- mi.ue. :1 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 Mai-held Rom. Law. § 316, et seq.

Se-rvitudes are also classed as pasilii 2 and 7l('!]Lltl‘i}C. A positive servitude is one which oiilmes the owner of the servienl estate to peiniit or suffer something to be done on his property by another. A negative servitude is one which does not bind the servieut pro- prietor to permit soiuethiuy: to be done upon his property by another, but merely restraius him from making a certain use of his prop-

erty which would impair the easement e.n-