KFLCC Kingdom Law 2nd Ed.

1077

SERVITUDE

SERVITIUM

relation to the burden or the estate burden ed, while "easement" refers to the benefit or advantage or the estate to which it ac crues. See Nellis v. Munson, 24 Hun (N. Y.) 576; Rowe v. Nally, 81 Md. 367, 32 Atl. 198; Los Angeles Terminal Land Co. v. Muir, 136 Cal. 36, 68 Pac. 308; Laumier v. Francis, 23 Mo. 184; Ritger v. Parker, 8 Cush. (Mass.) 145, 54 Am. Dec. 744; Kief fer v. Imhoff, 26 Pa. 438. The term "servitude," in its original and popular sense, signifies the duty of service, or rather the condition of one who is liable to the performance of services. The word, how ever, in its legal sense, is applied figuratively to things. When the freedom of ownership in land is fettered or restricted, by reason of some person, other than the owner thereof, having some right therein, the land is said to "serve" such person. The restricted condi tion 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 tenement," while the land belonging to the person enjoying the right is called the "dominant tenement. The word "servitude" may be said to have both a positive and a negative signification; in the former sense denoting the restrictive right be longing to the entitled party; in the latter, the restrictive duty entailed upon the proprietor or possessor of the servient land. Brown. Classification. All servitudes which af fect 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 "pred ial" or "landed" servitudes, are those which the owner of an estate enjoys on a neigh boring estate for the benefit of his own es tate. They are called "predial" or "land ed" servitudes because, being established for the benefit of an estate, they are rather due to the estate than to the owner personally. Civ. Code La. a r t 646. Real servitudes are divided, in the civil law, into rural and urban servitudes. Rural servitudes are such as are established for the benefit of a landed estate; such, for ex ample, as a right of way over the servient tenement or of access to a spring, a coal mine, a sand-pit or a wood that is upon it Urban servitudes are such as are established for the benefit of one building over another. (But the buildings need not be in the city, as the name would apparently imply.) They are such as the right of support, or of view, or of drip or sewer, or the like. See Mackeld. Rom. Law, § 316, et seq. Servitudes are also classed as positive and negative. A positive servitude is one which obliges the owner of the servient estate to permit or suffer something to be done on his property by another. A negative servitude is one which does not bind the servient pro prietor to permit something to be done upon his property by another, but merely restrains him from making a certain use of his prop erty which would impair the easement en-

another, for the acquittal of such, services. Reg. Jud. 27. SERVITIUM. Lat In feudal and old English law. The duty of obedience and per formance which a tenant was bound to ren der to his lord, by reason of his fee. Spel man. —Servitium feodale et prsediale. ' A per sonal service, but due only by reason of lands which were held in fee. Bract. 1. 2, c. 16.— Servitinm forinsecum. Forinsec, foreign, or extra service; a kind of service that was due to the king, over and above (forts) the service due to the lord.—Servitinm intrin secum. Intrinsic or ordinary service; the or dinary service due the chief lord, from tenants within the fee. Bract, fols. 36, 36b.—Servi tinm libernm. A service to be done by feudatory tenants, who were called "Uberi 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.—Servitinm militare. Knight-service; military service. 2 Bl. Coram. 62.—Servitinm regale. Royal service, or the rights and prerogatives of man ors 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 property; power of life and death, in felonies and murder; a right to waifs and strays; as sessments ; minting of money; and assise of bread, beer, weights, and measures. Cowell.— Servitinm scuti. Service of the shield ; that is, knight-service.—Servitinm sokse. Service of the plow; that is, socage. Servitinm, in lege Anglise, regnlariter •ccipitur pro servitio qnod per tenentea dominis snis debetnr ratione feodi sni. Co. Litt 65. Service, by the law of Eng land, means the service which is due from the tenants to the lords, by reason of their fee. SERVITOR. A serving-man; particular ly applied to students at Oxford, upon the foundation, who are similar to sizars at Cam bridge. Wharton. SERVITORS OF BILLS. In old Eng lish practice. Servants or messengers of the marshal of the king's bench, sent out with bills or writs to summon persons to that court Now more commonly called "tip staves." Cowell. SERVITUDE. 1. The condition of be ing bound to service; the state of a person who Is subjected, voluntarily or otherwise, to another person as his servant —Involuntary servitude. See INVOLUN TARY.—Penal servitude. In English criminal law, a punishment which consists in keeping the offender in confinement and compelling him to labor. 2. A charge or burden resting upon one estate for the benefit or advantage of an other ; a species of incorporeal right derived from the civil law (see SHBVJTUS) and closely corresponding to the "easement" of the com mon-law, except that "servitude" rather has