Blacks Law Dict. 1st ed

SERVITUDE

1084

SERVILE. ETC.

and murder; a right to waifs and strays; as sessments; minting of money; and assise of bread, beer, weights, and measures. Cowell. SERVITIUM SCUTI. Service of the shield; that is, knight-service. SERVITIUM SOKE2. Service of the plow; that is, socage. SERVITOR. A serving-man; particu larly applied to students at Oxford, upon the foundation, who are similar to sizars at Cam bridge. Wharton. SERVITORS OF BILLS. In old En glish practice. Servants or messengeis of the marshal of the king's bench, sent out with bills or writs to summon persons to that court. Now more commonly called "tipstaves." Cowell. SERVITUDE. 1. The condition of being bound to service; the state of a person who is subj'ected, voluntarily or otherwise, to an other person as his servant. 2. A charge upon one estate for the benefit of another. A species of incorporeal right derived from the civil law, resembling and answering to the easement of the common law. 3 Kent, Comm. 434. The term " servitude," in its original and popu lar sense, signifies the duty of service, or rather the condition of one who is liable to the perform ance of services. The word, however, in its legal sense, is applied figuratively to things. When the freedom of ownership in land is fettered or re stricted, by reason of some person, other than the owner thereof, having some right therein, the land is said to " serve " such person. The restricted condition of the ownership or the right which forms the subject-matter of the restriction is termed a "servitude," and the land so burdened with another's right is termed a"servient tene ment, " while the land belonging to the person en joying the right is called the "dominant tene ment. " The word " servitude " may be said to have both a positive and a negative signification; in the former sense denoting the restrictive right belong ing to the entitled party, in the latter, the re strictive duty entailed upon the proprietor or pos sessor of the servient land. Brown. All servitudes which affect lands may be divided into two kinds,— personal and real. Personal 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 habitation. Real servitudes, which are also called "predial" or "landed" servitudes, are those which the owner of an estate enjoys on a neigiiboring estate for the benefit of his own estate. They are called "prediai" or "landed" servitudes because, being estab lished for the benefit of an estate, they are

dominant tenement is that to which the serv ice is due. Servile est expilationis crimen; sola Innocentia libera. 2 Inst. 573. The crime of theft is slavish; innocence alone is free. Servitia personalia sequuntur perso nam. 2 Inst. 374. Feisonal services follow the person. SERVITIIS ACQUIETANDIS. A ju dicial writ for a man distrained for services to one, when he owes and performs them to another, for the acquittal of such services. Reg. Jud. 27. SERVITIUM. In feudal and old English law. The duty of obedience and perform ance which a tenant was bound to render to his lord, by reason of his fee. Spelman. SERVITIUM FEODALE ET PRiE DIALE. A personal service, but due only by reason of lands which were held in fee. Bract. 1. 2, c. 16. SERVITIUM FORINSECUM. Forin sic, foreign, or extra service; a kind of serv ice that was due to the king, over and above ifcris) the service due to the lord. Servitium, in lege Anglise, regulariter accipitur pro servitio quod per tenen tes dominis suis debetur ratione feodi sui. Co. Litt. 65. Service, by the law of England, means the service which is due from the tenants to the lords, by reason of their fee. SERVITIUM INTRINSECUM. In trinsic or ordinary service; the ordinary serv ice due the chief lord, from tenants within the fee. Bract, fols. 36, 366. SERVITIUM LIBERUM. A service to be done by feudatory tenants, who were called "liberi homines," and distinguished from vassals, as was their service, 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. Cowell. SERVITIUM MILITARE. Knight service; military service. 2 Bl. Comm. 62. SERVITIUM REGALE. Royal service, or the rights and preogatives of manors which belong to the king as lord of the same, and which were generally reckoned to be six, viz.: Power of judicature, in matters of propei ty; power of life and death, in felonies

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