KFLCC Kingdom Law 2nd Ed.

SERVE

SERVITII8 ACQUIETANDIS

1076

21 S. W. 907, 37 Am. St Rep. 374; Murray v. Dwight, 161 N. Y. 301, 55 N. B. 901, 48 L. R. A. 673; Ginter v. Shelton, 102 Va. 185, 45 S. E. 892; Powers v. Massachusetts Hom oeopathic Hospital, 109 Fed. 294, 47 O. O. A. 122, 65 L. R, A. 372; Oampfield v. Lang, (C. C.) 25 Fed. 131; Frank v. Herold, 63 N. J. Eq. 443, 52 Atl. 152; Morgan v. Bow man, 22 Mo. 548; Gravatt v. State, 25 Ohio St. 167; Hand v. Cole, 88 Tenn. 400, 12 S. W. 922, 7 L. R. A. 96. 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 SEBVICB OF PBOCESS. SERVE. S E R V I Criminal slaves in the time of Henry I. 1 Kemble, Sax. 197, (1849.) SERVICE. In contracts. The being em ployed 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. In practice. The exhibition or delivery of a writ, notice, injunction, etc., by an author ized person, to a person who is thereby offi cially notified of some action or proceeding in which he is concerned, and is thereby advis ed or warned of some action or step which he is commanded to take or to forbear. See Walker v. State, 52 Ala. 193; U. S. v. Mc Mahon, 164 U. S. 81, 17 Sup. Ct. 28, 41 L. Ed. 357; Sanford v. Dick, 17 Oonn. 213; Cross v. Barber, 16 R. I. 266, 15 Atl. 69. —Civil service. See that title.— Construc tive service of process. Any form of service other than actual personal service; notification of an action or of some proceeding therein, given to a person affected by sending it to him in the mails or causing it to be published in a newspaper.— Personal service. Personal serv ice of a writ or notice is made by delivering it to the person named, in person, or handing him a copy and informing him of the nature BEDEMFTIONE. SERVI. In old European law. Slaves; persons- over whom their masters La t had absolute dominion. In old English law. Bondmen; servile tenants. Cowell.

and terms of the original. Leaving a copy at his place of abode is not personal service. Moyer v. Cook, 12 Wis. 336.— Salvage serv ice. See SALVAGE.— Secular service. World* ly employment or service, as contrasted with spiritual or ecclesiastical.— Service by publi cation. Service of a summons or other process upon an absent or non-resident defendant^ by publishing the same as an advertisement 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 serv ice of writs, summonses, rules, etc., signifies the delivering 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.— Special service* In Scotch law. That form of service by which the heir is served to the ancestor who was feudally vested in the lands. Bell.— Substi tuted service. This term generally denotes any form of service of process other than per sonal service, such as service by mail or by publication in a newspaper; but it is sometimes employed to denote service of a writ or notice on some person other than the one directly concerned, for example, his attorney of record, who has authority to represent him or to accept service for him. SERVICES FONCIERS. Fr. These are, in French law, the easements of English law. Brown. 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. SERVXDUMBRE.

SERVIENS AD CLAVAM.

Serjeant at

mace. 2 Mod. 58.

SERVIENS AD LEGEM. lish practice. Serjeant at law.

In old Eng

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. 145&, 150&, 330, 358.

SERVIENT.

Serving; subject to a serv

ice or servitude. A servient

estate is one

which is burdened with a servitude. —Servient tenement. of which a service is owing, as the

An estate in respect

dominant

is that to which the service is due.

tenement

Servile est expilationis crimen; sola innocentia libera. 2 Inst 573. The crime of theft is slavish; innocence alone is free. Servitia personalia sequuntur person am. 2 Inst. 374; Personal services follow the person. SERVITIIS ACQUIETANDIS. A judi cial writ for a man distrained for services to one, when he owes and performs them to