Servitude

1.

The condition of a person who is bound to the performance of services. Involuntary servitude. "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." ^ There is no reference here to servitudes attached to property. That a personal servitude was meant is proved by the use of the word " involuntary," which can only be applied to human beings. The exception as a punishment gives an idea of the class meant. " Servitude " is of larger meaning than " slavery," as the latter is popularly understood. The purpose was to forbid all shades and conditions of African slavery, 2 * The committee on the details of the original Constitution used " servitude " as referring to an engagement to labor for a term of yea,rs. The committee on revision unanimously substituted " service " for it, servitude being thought to express the condition of slaves, service an obligation of free persons.* See Slavery; The act of June 23, 1874, protects persons of foreign birth against forcible constraint or involuntary servitude.* Under this act it was decided that an intention in a defendant in bringing a child to the United States to employ him as a beggar, or as a street musician, for his own proflt,Mf such employment would be injurious to the morals of the child and inconsistent with its proper care and education, according to its condition, is an intention to hold to involuntary servitude, although the child (in Italy) consented to the employment and did not afterward dissent." See Kidnaping; Persuade. Penal servitude. In England, a punishment introduced by 16 and 17 Vict. (185.3), c.

99, in lieu of transportation.

A convict subjected to this punishment may be kept in any place of confinement in the kingdom, or ' in any river, port, or harbor thereof, or in some place in her majesty's dominions beyond the seas, appointed therefor by order in council, according as the secretar.7 of the state may direct; and may be kept at har4 labor, and be otherwise dealt with, as was a person transported.

Statute 20 and 21 Vict. (1857), c.

3, abolished transportation; and 27 and 28 Vict. (1864), c.

47, sec.

2, forbids sentence to penal 'i Pehnoyer v. Neff, 95 U. S. 727 (1877), Field, J. 2 Constitution, Amd. XIII. Ratified Dec. 18, 1865. s Slaughter-House Cases, 16 Wall. 69 (1872), Miller, J. See also Civil Rights Cases, 109 U. S. 21 (1883). « 2 Bancroft, Const. 211. ' 18 St. L. 251: 1 Sup. R. S. 103. servitude for a shorter period than five years.' See Ticket, Of leave.

3.

Metaphorically, a charge upon one estate for the benefit of another. An incorporeal right, derived from the civil law, and answering to the easement {q. v.)ot the common law. An example is the right to fasten joists in another's wall."

See Support, 1.

The Roman law admitted and provided for rights in the property of others, jura in re aliena, or, as they were usually called, jura in re. The oldest of these rights were called servitutes, servitudes, subjections—the subjection of one estate to another, the liability of one estate to be used for the advantage of another. The relation was not affected by a change of owners. Among the most important were servitudes of way, drive, road, water-draining. These were known as the "praedial " servitudes. There were also "personal" servitudes, in which the right of use vested in a particular individual, and terminated withhis life. The most important of this class was the usufi-uc Uis (q. V.) the right to use and enjoy some property of another. ^ SESSION".'' A sitting; an actual sitting: a term of a court or of a legislative body.

1.

The time during which a court sits for the transaction of business. ^ The whole term, which is construed as but one day, and that the first day of the term.'

See Term, 4.

Quarter sessions, or oourt of quarter sessions of the peace. A couit held in each county, every quarter of a year, for the trial of the smaller misdemeanors, especially of offenses relating to the highways, bastards, the settlement and provision of the poor, vagrants, apprentices, game, etc' Some of these offenses are proceeded upon by indictment, and others in a summary way by motion and order thereon. Capital felonies are remitted to the court of oyer and terminer.' Sessions, court of. In the State of New York, a court composed of the county judge, and two associates, all elected, and styled justices of the sessions. The jurisdiction extends to the trial of misdemeanors — all criminal matters formerly cognizable by the court of general sessions of the peace of the county. ' See 4 Steph. Com. 449-53; 1 Steph. Hist. Or. Law Eng. 482, 480-83.

2 3 Kent, 435; Nellis v. Munson, 24 Hun, 576 (1881), s Hadley, Rom. Law, 182, 183, 190. * L. sessio: sedere, to sit. ' See People v. Auditor of Public Accounts, 64 III. 86 (1878); Mao Naughton v. South Pac. C. R. Co., 19 F. R. 882 (1884).

In the county of New York, a court of special sessions,—a court held by any three police justices, with exclusive jurisdiction over miademeanors, unless the accused elects, on his examination before the committing magistrate, to be tried in the court of general session*, which is held by a single judge — the recorder of the county, the city judge, or the judge of general sessions, — and has jurisdiction over all crimes, capital or otherwise, including review of proceedings in special sessions. ' 2. A meeting of the members of a legislative body as such. Sessions of Congress. "The Congi-ess shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day." ^ Each Congi-ess ordinarily holds two sessions, known as the first session and the second session. Extra or special sessions may be called by the President in pursuance of the provision " he may, on extraordinary Occasions, convene both Houses, or either of them." 3 The requirements that all Representatives and onettiird of the Senators shall be chosen every second year and that Congress shall assemble at least once each year limit "a Congress " to two years continuance, of two regular meetings for purposes of legislation, and suggested calling the first and second years the "first" and the "second " sessions respectively.* See Statutes at Large. Sessions of the State legislatures. The constitutions of the States provide for these, as regular and extra sessions. In Rhode Island, a regular session is held twice a year; in Massachusetts, New Jersey, New York, and South Carolina, once a year; in the other States and in the Territories, generally, once every two years — a biennial session, with adjourned sessions sometimes held in the intervening year, except in Pennsylvania, where such sessions are prohibited. Extra sessions, on extraordinary occasions, may be convened by the governor. While the length of a session varies in the dieterent States, from forty to ninety ' See N. T. Crim. Code; 1 Abbott's Law Diet. 317; People V. Powel, 14 Abb. Pr. 93 (1863). ' Constitution, Art I, sec.

4, cl. 2. ' Constitution, Art. n, sec.

3. < The first and second sessions of the 1st Congress were held at the City of New York, March 4 to Sept. 39, 1789, and Jan. 4 to Aug. 12, 1790; and the third session at the City of Philadelphia, Dec. 0, 1790, to March 8, 1791. The sessions of the lid to the Vth Congref s were held at Philadephia, also the first session of the days, in most of the States it is sixty days, with provision for continuance a cei'tain number of days upon concurrence of three-fifths or two-thirds of the members of both houses.^