Page:The New International Encyclopædia 1st ed. v. 18.djvu/13

THE NEW
INTERNATIONAL
ENCYCLOPEDIA

SERVICE-BERRY (extended foiiii of scne, t'lniii Lut. sofbiis. service-tree: inllueiued by jiopular etymology with service). I'unis Sorhiis. A slow-grow- ing but long-lived tree of the natural order Rosaces', native of Europe, Africa, and Asia. It grows about 50 feet tall and bears small pear-shaped fruits, for which it is cultivated in Central and Southern Europe. The

8ERVICE-BERnv

heavy, tine-grnined, strong, durable timber, which can be highly polished, is valued for machine- making. In the United States the name is often applied to the shadbush (q.v.). See AmelCHIER.

SERVICE OF PAPERS AND PROCESS (OF. servise, service, Fr. service, from Lat. serri- titim, service, servitude, from servire. to serve). It is a fundamental principle of law that no final judicial action shall lie taken against a person unless he is notified of the proposed steps to be taken against him and given an ojiportiniity to present his side of the matter. This doctrine ap- plies to both civil and criminal proceedings. In some jurisdictions the summons or other primary process is served personally on the defendant, and the subsequent pleadings and other papers in the action are filed with the clerk of the court. This is true generally under the common-law system. Modern codes, however, generally require that each pleading, notice, or other paper relating to the action shall be- served upon the attorney for the opiMi-,ite party or the latter himself, even though they must also be filed.

Criminal' process must be served by an au- thorized iierson, usually a representative of the sheriff or prosecuting attorney, or an officer of the court. However, in most States, civil process may be served by any person not having an inter- est" in the action, but in a few jurisdictions a private individual must be specially authorized in order to make a valid service.

The time of service of papers is governed by tlic practice acts and rules of court in each State. Papers or ])rocess cannot be served on a day which is strictly a dies )ioii (q.v.). Hoyever, un- less the service of papers on holidays is prohib- ited liy statute, it will be deemed valid. In New York and a few other States service of papers on Saturday ujion jiersons who observe that day as a holy day is proliibited. In the computation of time within which papers nuist be served Sun- day is included, unless it falls on the last day of the time allowed, in which case the next suc- ceeding legal day is added to the time.

Service must be made within the territorial jurisdiction of the court. Where an action is to be conuuenced against a non-resident, or where a resident of the State leaves it to evade service of process, or secretes himself with like purpose, most jurisdictions |)rovide that service may be made by puldication. This is done by order of the court : the sununons or other process is pub- lislied in designated newspapers in the county in which the action is commenced, and also mailed to the defendant's last known address, or tacked on his door if lie reside within the county. The plaintiff is usually allowed the alternative of making 'substituted service,' that is. serving the defendant iiersdiuilly without the State. Service by publication, or without the State, will not give a court such jurisdiction as is necessary to sup- port a personal judgment in the sense of obliging courts in other States to give "faith and credit' to it. However, as a State has jurisdiction over all property within its limits, irrespective of whether it is owned by its own citizens or those of other States, it is held that a judgment ob- tained after such service will lie good as against any property of the ilcfcndant within the State.