KFLCC Kingdom Law 2nd Ed.

1078

SERVITUS

SESSION

Servitns est constitutio jure gentium qua qnis domino alieno contra naturam subjicitur. Slavery is an institution by the law of nations, by which a man is subjected to the dominion of another, contrary to na ture. Inst 1, 3, 2; Co. Litt 116. SERVUS. Lat. In the civil and old English law. A slave; a bondman. Inst 1, 3, pr.; Bract, fol. 4&. SESS. In English law. A tax, rate, or assessment SESSIO. Lat In old English law. A sitting; a session. Sessio 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. Synonyms. Strictly speaking, the word "session," as applied to a court of justice, is not synonymous with the word "term." The "session" of a court is the time during which it actually sits for the transaction of judicial business, and hence terminates each day with the rising of the court. A "term" of court is the period fixed by law, usually embracing many days or weeks, during which it shall be open for the transaction of judicial business and during which it may hold sessions from day to day. But this distinction is not always observed, many authorities using the two words interchangeably. See Lipari v. State, 19 Tex. App. 433; Stefani v. State, 124 Ind. 3, 24 N. E. 254; Mansfield v. Mutual Ben. L. Ins. Co., 63 Conn. 579, 29 Atl. 137; Heim v. Bram mer, 145 Ind. 605, 44 N. E. 638; Cresap v. Cresap, 54 W. Va. 581, 46 S. E. 582; XJ. S. v. Dietrich (C. C.) 126 Fed. 660. —Court of session. The supreme civil court of Scotland, instituted A. D. 1532, consisting of thirteen (formerly fifteen) judges, viz., the lord president, the lord justice clerk, and eleven ordinary lords.— General sessions. A court of record, in England, held by two or more justices of the peace, for the execution of the authority given them by the commission of the peace and certain statutes. General ses sions held at certain times in the four quar ters of the year pursuant to St. 2 Hen. V. are properly called "quarter sessions," (q. v.,) but intermediate general sessions may also be held. Sweet.— Great session of 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. Whar ton.— Joint session. In parliamentary prac tice, a meeting together and commingling of the two houses of a legislative body, sitting and acting together as one body, instead of separately in their respective houses. Snow v. Hudson, 56 Kan. 378, 43 Pac. 262.— Petty sessions. In English law. A special or petty session is sometimes kept in corporations and counties at large by a few justices, for dis patching smaller business in the neighborhood between the times of the general sessions; as for licensing alehouses, passing the accounts of the parish officers, etc.. Brown.— Quarter sessions. See that title.— Regular session. An ordinary, general, or stated session, (as of

joyed by the dominant tenement. See Rowe v. Nally, 81 Md. 367, 32 Atl. 198. SERVITUS. La t In the civil law. Slavery; bondage; the state of service. De fined as "an institution of the conventional law of nations, by which one person is sub jected to the dominion of another, contrary to natural right" Inst. 1, 3, 2. Also a service or servitude; an easement — Servitns actus. The servitude or right of walking, riding, or driving over another's ground. Inst. 2, 3, pr. A species of right of way.— Servitns altins non tollendi. The servitude of not building higher. A right at tached to a house, by which its proprietor can prevent his neighbor from building his own house higher. Inst. 2, 3, 4.— Servitns aquae ducendae. The servitude of leading water; the right of leading water to one'e own prem ises through another's land. Inst. 2, 3, pr. —Servitns aquae educendse. The servitude of leading off water; the right of leading off the water from one's own onto another's ground. Dig. 8, 3, 29.— Servitns aqnse hauriendse. The servitude or right of draining water from another's spring or well. Inst. 2, 3, 2.— Servitns cloacae mittendae. The servitude or right of having a sewer through the house or ground of one's neighbor. Dig. 8, 1, 7.— Servitns fnmi immittendi. The servitude or right of leading off smoke or vapor through *he chimney or over the ground of one's neigh bor. Dig. 8, 5, 8, 5-7.— Servitns itineris. The servitude or privilege of walking, riding, and being carried over another's ground. Inst. 2, 3, pr. A species of right of way.— Servitns luminum. The servitude of lights; the right of making or having windows or other openings in a wall belonging to another, or in a common wall, in order to obtain light for one's building. Dig. 8, 2, 4.— Servitns ne lnminibns offl ciatur. A servitude not to hinder lights; the right of having one's lights or windows unob structed or darkened by a neighbor's building, etc. Inst. 2, 3, 4. — Servitns ne prospectus offendatnr. A servitude not to obstruct one's prospect, t. e., not to intercept the view from one's house. Dig. 8, 2, 15.— Servitns oneris ferendi. The servitude of bearing weight; the right to let one's building rest upon the building, wall, or pillars of one's neighbor. Mackeld. Rom. Law, § 317.— Servitns pas cendi. The servitude of pasturing; the right of pasturing one's cattle on another's ground; otherwise called "jus pascendi." Inst. 2, 3, 2. —Servitns pecoris ad aquam adpulsam. A right of driving one's cattle on a neighbor's land to water.— Servitns prsedii rustici. The servitude of a rural or country estate; a rural servitude. Inst. 2, 3, pr., and 3.— Servi tns prsedii nrbani. The servitude of an urban or city estate; an urban servitude. Inst 2, 3, 1.— Servitns prsediorum. A praedial servitude; a service, burden, or charge upon one estate for the benefit of another. Inst. 2, 3, 3.— Servitns projiciendi. The servi tude of projecting; the right of building a projection from one's house in the open space belonging to one's neighbor. Dig. 8, 2, 2.— Servitns prospectus. A right of prospect This may be either to give one a free prospect over his neighbor's land or to prevent a neigh bor from having a prospect over one's own land. Dig. 8, 2, 15; Domat 1, 1, 6.— Servitns 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 neigh bor. Inst. 2, 3, 1, 4; Dig. 8, 2, 2.— Servitns 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. .—Servitns vise. The servitude or right of way; the right of walking, riding, and driving ever another's land. Inst 2, 3, pr.