Blacks Law Dict. 1st ed

SERVANDA, ETO.

1083

SERVIENT TENEMENT

Servanda est consuetudo loci ubi causa agitur. The custom of the place where the action is brought is to be observed. 3 Johns. Ch. 190, 219. SERVANT. A servant is one who is employed to render personal services to bis employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master. Civil Code Cal. § 2009. Servants or domestics are those who re ceive wages, and stay in the house of the person paying and employing them for his services or that of his family; such are val ets, footmen, cooks, butlers, and others who reside in the house. Civil Code La. art. 3205. Free servants are in general all free per sons who let, hire, or engage their services to another in the state, to be employed there in at any work, commerce, or occupation whatever for the benefit of him who has contracted with them, for a certain price or retribution, or upon certain conditions. Civil Code La. art. 163. Servants are of two kinds,—menial serv ants, being persons retained by others to live within the walls of the house, and to per form the work and business of the house hold; and persons employed by men of trades and professions under them, to assist them in their particular callings. Mozley & Whit ley. SERVE. In Scotch practice. To render a verdict or decision in favor of a person claiming to be an heir; to declare the fact of his heirship judicially. A jury are said to serve a claimant heir, when they find him to be heir, upon the evidence submitted to them. Bell. As to serving papers, etc., see SERVICE OF PROCESS. SERVI. Lat. In old European law. Slaves; persons over whom their masters had absolute dominion. In old English law. Bondmen; servile tenants. Cowell. SERVI REDEMPTIONE. Criminal slaves in the time of Henry L 1 Kemble, Sax. 197, (1849.) SERVICE. In contracts. The being employed to serve another; duty or labor to be rendered by one person to another. The term is used also for employment in •one of the offices, departments, or agencies

of the government; as in the phrases "civil service," "public service," etc. In feudal law. Service was the consid eration which the feudal tenants were bound to render to the lord in recompense for the lands they held of him. The services, in re spect of their quality, were either free or base services, and, in respect of their quan tity and the time of exacting them, were ei ther certain or uncertain. 2 Bl. Comm. 60. SERVICE BY PUBLICATION. In practice. Service of a summons or other process upon an absent or non-resident de fendant, by publishing the same as an adver tisement in a designated newspaper, with such other efforts to give him actual notice as the particular statute may prescribe. SERVICE OF AN HEIR. An old form of Scotch law, fixing the right and character of an heir to the estate of his an cestor. Bell. SERVICE OF PROCESS. The service of writs, summonses, rules, etc., signifies the delivei ing to or leaving them with the party to whom or with whom they ought to be delivered or left; and, when they are so delivered, they are then said to have been served. Usually a copy only is served and the original is shown. Brown. SERVICE, SECULAR. Worldly serv ice, as contrasted with spiritual or ecclesias tical. Cowell. SERVICES FONCIERS. These are, in French law, the easements of 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, 1. SERVIENS AD CLAVAM. Serjeant at mace. 2 Mod. 58. SERVIENS AD LEG-EM. In old En glish practice. Serjeant at law. SERVIENS DOMINI REGIS. In old English law. King's serjeant; a public of ficer, who acted sometimes as the sheriff's deputy, and had also judicial powers. Bract, fols. 1456, 1506, 330, 358. SERVIENT. Serving; subject to a serv ice or servitude. A sercient estate is one which is burdened with a servitude. SERVIENT TENEMENT. An estate in respect of which a service is owing, as the

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