Page:Black's Law Dictionary (Second Edition).djvu/1086

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SERVITUS

joyed by the dominant tenement. See Rowe v. Nally. 81 Mr]. 367, 32 At]. 198.

SERVITUS. Lat. In the civil law. Siavery; honduge; the state of service. Defined as "an institution of the conventional

0 law of nations, by which one person is sub- jected to the dominion of another, contrary to naturai right." Inst. 1. 3, 2.

Also a service or servitude; an easement.

—Sex-vitus aetru. The servitude or right of walking, riding, or driving over nnother's ground. Inst. 2. 3. pr. A species of right of way. ervitus nltins nun tollendi. The servitude of not building higher. A right attached to a house, by which its pl‘01]I'i('tn1' can Ereveut his neighbor from building his own

ousc higher. Inst. 2. 3. -1.—Se1-Vitus aqnae ilucendaa. The servitude of ieading water; the iigiit of ieading water to one’s own premises tliroiigh unotheI"B land. Inst. 2. 3. pr. —Sei-Vitus siqnae edncendae. The servitude of ieading ofl‘ water; the right of heading off the water from one's own onto another’s ground. Dig. 8, 3, 29.—Servitns nqnae nriendae. The servitude or right of draining water from another's spring or wcli. Inst. 2. 3, 24- Servitus cleanse mlttendae. The servitude or right of hai ing a sewer through the house or ground of one's no-ighhor. Dis. 8, 1, 7.- Sex-vitns fnmi immittendi. The servitude or right of iendirig oil’ smoke or vapor through the chiinney or over tha- ground of one's neigh- iior. Dig. S. 5. 8. 7—Ses'vitns itineris. The servitude or priviiege of walking. riding, and being cairied over another's ground. Inst. 2. 3. pr. A species of right of wa).—Servitus luminiun. The servitude of iights: the right of making or having windows or other openings in a wall beionging to another, or hi :1 common wall. in order to obtain light for one's building. Di-z. S. 2. 4.—Servitns ne luminibns aficintiu-. A servitude not to hinder lights; the right of having one's iights or windows unch- structed or darkened by a neighbor's hulldiug, etc. Inst 2, 3, 4.—Ser-vitns ne prospectus offendatnr. A servitude not to obstruct one's prospect. 2'. e.. not to intercept the view from one's house. Dig. 8. 2. I-"i.—Sei-vitns ones-is ferendi. The servitude of boating weight; the right to iet one's building rest upon the building, wall, or pilinrs of one's neighbor. lilackcid. Rom. Law. 317.—Se1-vitus pascenrli. e servitude of pastuiing: the right of p.istuiing one's cattle on another's ground; otlir.-rviise calied “ins pn.icen.di‘." Inst. 2. 3. 2. —Se:-v-itns pecor-is ad aquam ndpnlsam. A iight of driving onc's cattle on a ncighbor’s land to wiiter.—Ssrvitns prmdii rnstici. The servitude of a rural or country estate: a rurai servitude. Inst. 2. 3. pr., and 3.—Sex-vitiui praetlij in-bani. The servitude of an urban oi- city estiite; an urban servitude. Inst. 2 3. ‘l.—Sex-vitiis praediox-um. A ]7l':£fiifl.i s. tuiie; a service. burden, or charge upon one estate for the beuetit of another. Inst.

1. 3. 3.—Se1-vitru pl-ojiclenidi. The servi-

rude of projecting: the right of building a projection from one's house in the open space belonging to onc‘s neighbor. Dig. , . 2.—- Sex-vitus prospectus. A right of prospect. This may he eitlier to give one a tree prospect over his neighbor's Land or to prevent a neigh- bor from having a prospect over one's own land. Di.-z. 8. 2. 15: Dnmat. 1. 1. 6.—Sex-vitns stillieidii. The right of drip; the right of having the water drip from the eaves of one's house upon the house oi- ground of one’: neigh- bor. lnst. 2. 3. 1. -1; Die. 8. 2. 2.—Sex-vitus tip,-iii immittendi. The seivitude of ietting in a beam; the right of inserting ms in a. neighbor-‘s wail. lust. 2. 3. 1. 4; Dig. B. 2. 2. —Sex-vitus vim. The servitude or right of way; the iight of walking. riding, and driving over another‘: land. Inst. 2, 3. pr.

1078

SESSION

Sex-vitru est constitntin jnre gentium qua quis domino nlieno contra natnram snbjicitur. Slavery is an institution by the law of nations, by which a man is subjected to the dominion or another. contrary to na-

ture. Inst. 1. 3, 2; Co. Litt. 116.

SERVUS. Lat. In the Civil £L|2d oid English law. A slave; a bondnian. last. 1, 3, pr.; Bract. fol. 4b.

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

SESSIO. Lat. In old English law. A sitting; a session. Sass-io purliumentl, the

sitting of parliament Cowell

SESSION. The sitting of a court. legisiature. council, commission, em, for the transaction of its proper business. Hence, the period of time, within any one day. during which such body is asscmhied in form, and engaged in the transactioii of business. or, in a more extended sense, the whole space of time from its fiist asseniiiiing to its pro- rogation or adjournment sine die.

Synonyms. Strictly speaking, the word "session," as a-ppiied to a court of justice. is not synonymous with the word "tcr1:u." The “session” of a court is the time during which it actuaily sits for the transaction of judicini business, and hence terminates each day with the rising of the court. A “term" of court is the period fixed by law. usually embracing many days or weeks. during which it shall be open for the transaction of judicial business and during uhicii it may hold sessions from day to day. But this distinction is not aiways observed. many authorities using the two words interchangeably. See Lipari v. State. 19 Tax. App. 433; Stefani v. State. 124 Ind. 3. 24 N. E. 254; Mnnsfi d v. 3-Iutual Ben. L. Ius. 00.. 63 Conn. 57‘) 9 Ati. 137; HPim v. Bram- mer. 145 Ind. 60;). 44 N E. 638: (‘resap v. Crs-sap. 5-1 W. Va. 581. 46 S. E. 582; U. S. v. Dietrich (C. C.) 126 Fed. 660.

-—Goiu-t of session. The supreme civil court of Scotiand. instituted A. D. 1532. consisting of thirteen (formeriv fifteen) judges. viz., 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 conuuission of the peace and certain statutes. Gencrai sessions hcid at certain times in the four quarters of the year pursuant to St. 2 Hen. V, are properly called "quarter sessions," (q. 1)..) but intermediate generai sessions may also be held. Sweet.—G1-eat session of ales. A court which was abolished by St. 1 Wm. IV. c. T0. The proceedings now issue out of the courts at Westminster, and mo of the judges of the superior courts hold the circuits in Wales and Cheshiro, as in other English counties. W'ha1'- tou.—Joint session. In pariiamentary practice, a meeting together and coinniingling of the two houses of a legisiative body, sitting and acting together as one body. instead of separately in their res ective houses. Snow v. Hudson, Kan. 37 . 43 Pac. 262.—Petty sessions. In English law. A speciai or pcttv session is sometimes kept in corporations and counties at Large by a. few justices, for dispatching smalitvr business in the neighborhood between the times of the generai sessions; as for licensing air-houses, passing the accounts of the parish OLi.|LEl‘S. etc. Brown.—QuarI;er sessions. See that tit.le.—Reg1i1nr session.

An ordinary. general, or stated session, (as of