Blacks Law Dict. 1st ed

SERVITUS STILLICIDII

1086

SET-OFF

four kinds,—petty, special, quarter, and gen eral sessions. SESSIONAL ORDERS. Certain reso lutions which are agreed to by both houses at the commencement of every session of the English parliament, and have relation to the business and convenience thereof; but they are not intended to continue in force beyond the session in which they are adopted. They are principally of use as directing the order of business. Brown. SESSIONS. A sitting of justices in court upon their commission, or by virtue of their appointment, and most commonly for the trial of criminal cases. The title of several courts in England and the United States, chiefly those of criminal jurisdiction. Bur rill. SET. This word appears to be neaily synonymous with "lease." A lease of mines is frequently termed a "mining set." Brown. SET ASIDE. To set aside a judgment, decree, award, or any proceedings is to can cel, annul, or revoke them at the instance of a party unjustly or irregularly affected by them. SET DOWN. To set down a cause for trial or hearing at a given term is to enter its title in the calendar, list, or docket of causes which are to be brought on at that term. SET OP EXCHANGE. In mercantile law. Foreign bills are usually draws in duplicate or triplicate, the several parts be ing called respectively "first of exchange," "second of exchange," etc., and these parts together constitute a "set of exchange." Any one of them being paid, the others be come void. SET-OPP. A counter-claim or cross-de mand; a claim or demand which the defend ant in an action sets off against the claim of the plaintiff, as being his due, whereby he may extinguish the plaintiff's demand, either in whole or in part, according to the amount of the set-off. Set-off is a defense which goes not to the justice of the plaintiff's demand, but sets up a demand against the plaintiff to counterbal ance his in whole or in part. Code 6a. 1882, § 2899. For the distinction between set-off and re coupment, see RECOUPMENT. "Set-oft" differs from a "lien," inasmuch as tha former belongs exclusively to the remedy, and it

over one's own land. Dig. 8, 2, 15; Domat. 1, 1. 6. SERVITUS STILLICIDII. The right of drip; the right of having the water drip from the eaves of one's house upon the house or ground of one's neighbor. Inst. 2, 3, 1, 4; Dig. 8, 2, 2. SERVITUS TIGNI IMMITTENDI. The servitude of letting in a beam; the right of inserting beams in a neighbor's wall. Inst. 2, 3, 1, 4; Dig. 8, 2, 2. SERVITUS "VIM. The servitude or right of way; the right of walking, riding, and driving over another's land. Inst. 2, 3, pr. SERVUS. Lat. In the civil and old English law. A slave; a bondman. Inst. 1,3, pr.; Bract, lol. 46. SESS. In English law. A tax, rate, or assessment. SESSIO. Lat. In old English law. A sitting; a session. 8essio parliamenti, the sitting of parliament. Cowell. SESSION. The sitting of a court, legis lature, council, commission, etc., for the transaction of its proper business. Hence, the period of time, within any one day, dur ing which such body is assembled in form, and engaged in the transaction of business, or, in a more extended sense, the whole space of time from its first assembling to its pro rogation or adjournment sine die. SESSION, COURT OP. The supreme civil court of Scotland, instituted A. D. 1532, consisting of thirteen (formerly fifteen) judges, viz., the lord president, the lord jus tice clerk, and eleven ordinary lords. SESSION, GREAT, OP WALES. A court which was abolished by St. 1 Wm. IV. c. 70. The proceedings now issue out of the courts at Westminster, and two of the judges of the superior courts hold the circuits in Wales and Cheshire, as in other English counties. Wharton. SESSION LAWS. Thename commonly given to the body of laws enacted by a state legislature at one of its annual or biennial sessions. So called to distinguish them from the "compiled laws" or "revised statutes" of the state. SESSION OP THE PEACE, in En glish law, is a sitting of justices of the peace for the exercise of their powers. There are

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