Black's Law Dictionary

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

Where lands are given in alms to some church or religious house, upon condition that a service or prayers shall be offered at certain times for the repose of the donor's soul. Brit

An old form of Scotch law, fixing the right and character of an heir to the estate of his ancestor. Bell.

The service of write, summonses, rules, etc., signifies the delivering to or leaving them with the arty to whom or with whom they ought to e delivered or left; and, when they are s

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 another, to use them for the benefit of his own. Las Partidas, 3, 31, 1.

Serjeant at mace. 2 Mod. 58.

In old English practice. Serjeant at law.

In old English law. King's serjeant; a public officer, who acted sometimes as the sheriff's deputy, and had also judicial powers. Bract, fols. 145b, 150b, 330, 358.

Serving; subject to a service or servitude. A servient estate is one which is burdened with a servitude. —Servient tenement. An estate in respect of which a service is owing, as th

An estate in respect of which a service is owing, as the dominant tenement is that to which the service ls due.

2 Inst 573. The crime of theft ls slavish; innocence alone is free.

Criminal slaves in the time of Henry I. 1 Kemble, Sax. 197, (1849.)

2 Inst. 374; Personal services follow the person.

A judicial writ for a man distrained for services to one, when he owes and perforins them to another, for the acquittal of such services. Reg. Jud. 27.

Lab In feudal and old English law. The duty of obedience and performance which a tenant was bound to render to his lord, by reason of his fee. Spelman. —Servitium feodale et prædia

A personal service, but due only by reason of lands Which were held in fee. Bract. 1. 2, c. 16.

Forinsec, foreign, or extra service; a kind of service that was due to the king, over and abave (foris) the service due to the lord.

Co. Litt 65. Service, by the law of England, means the service which is due from the tenants to the lords, by reason of their fee,

Intrinsic or ordinary service ; the ordinary service due the chief lord, from tenants within the fee. Bract, fols. 36, 36b.

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 service

Knight-service; military service. 2 Bl. Comm. 62.

Royal service, or the rights and prerogatives of manors which belong to the king as lord of the same, and which were generally reckoned to be six, viz.; Power of judicature, in mat

Service of the shield ; that is, knight-service.

Service of the plow; that is, socage.

The servitude of pasfuring; the right of pasturing one's cattle on another's ground; otherwise called "jus pascendi." Inst. 2, 3, 2.

A right of driving one's cattle on a neighbor's land to water.

The servifude of a rural or country estate; a rural servitude. Inst. 2, 3, pr., and 3,

The servifude of an urban or city estate ; an urban servitude. Inst. 2, 3. 1.

A prædial servitude; a service, burden, or charge upon one estate for the banefit of another. Inst. 2, 3, 3.

The servitude 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,

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.

A serving-man; particularly applied to students at Oxford, upon the foundation, who are similar to sizars at Cambridge. Wharton.

In old English 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 "tipstaves

1. The condition of being bound to service; the state of a person who is subjected, voluntarily or otherwise, to another person as his servant —Involuntary servitude. See Involunta

Lat In 'the civil law. Slavery; bandage; the state of service. Defined as "an institution of the conventional law of nations, by which one person is subjected to the dominion of an

The servifude or right of walking, riding, or driving over another's ground. Inst. 2, 3, pr. A species of right of way.

The servitude of not building higher. A right attached to a house, by which its proprietor can revent his neighbor from building his own ouse higher. Inst. 2, 3, 4.

The servifude of leading water; the right of leading water to one's own premises through another's land. Inst. 2, 3, pr.

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.

The servifude or right of draining water from another's spring or well. Inst. 2, 3, 2. —. Servitus cloacae mittendæ. The servitude or right of having a sewer through the house or g

Slavery is an institution by the law of nations, by which a man is subjected to the dominion of another, contrary to nature. Inst. 1, 3, 2; Co. Litt 116.

The servitude or right of leading off smoke or vapor through the chimney or over the ground of one's neighbor. Dig. 8, 5, 8, 5-7.

The servifude or privilege of walking, riding, and being carried over another's ground. Inst. 2, 3, pr. A species of right of way.

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. D

A servifude not to hinder lights ; the right of having one's lights or windows unobstructed or darkened by a neighbor's building, etc. Inst. 2, 3, 4.

A servitude not to obstruct one's prospect, i. e., not to intercept the view from one's house. Dig. 8, 2, 15.

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.

A right of prospect. This may be either to give one a free prospect over his neighbor's land or to prevent a neighbor from having a prospect over one's own land. Dig. 8, 2, 15 ; Do

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-bar. Inst. 2, 3, 1, 4; Dig. 8, 2, 2.

The servifude or right of way; the right of walking, riding, and driving ever another's land. Inst 2, 3, pr.

Lat. In the civil and old English law. A slave; a bondman. Inst 1, 3, pr.; Bract, fol. 4b.

In English law. A tax, rate or assessment.

Lat In old English law. A sitting; a session. Sessio parliamenti, the sitting of parliament Cowell.

The sitting of a court, legislature, council, commission, etc., for the transaction of its proper business. Hence, the period of time, within any one day, during which such body is

Certain resolutions which are agreed to by bath houses at the commencement of every session of the English parliament, and have relation to the business and convenience thereof ; b

The name commonly given to the bsdy of laws enacted by a state legislafure at one of its annual or biennia] sessions. So called to distinguish them from the "compiled laws" or "rev

a sitting of justices of the peace for the exercise of their .powers. There are four kinds, — Petty, special, quarter, and general sessions . — Sessional orders . Certain resolutio

A sitting of justices in court upon their commission, or by virtue of their appointment, and most commonly for the trial of criminni cases. The title of several courts in England a

This word appears to be nearly synonymous with "tease." A lease of mines is frequently termed a "mining set" Brown.

To set aside a judgment, decree, award or any proceedings is to cancel, annul or revoke them at the instance of a party unjustly or irregularly affected by thern. State v. Primm, 6

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.

In mercantile law. Foreign bills are usually drawn in duplicate or triplicate, the several parts being called respectively "first of exchange," "second of exchange," etc., and thes

A counter-claim or cross-demand ; a claim or demand which the defendant in an action sets off against the claim of the plaintiff, as being his due, whereby he may extinguish the pl

In pleading. To recite or narrate facts or circumstances; to allege or aver; to describe or to incorporate; as, to set out a deed or contract. First Nat. Bank v. Engelbercht, 58 Ne

In Scotch law. The granter of a tack or leaser 1 Forb. Inst pt 2, p. 153

To adjust, ascertain or llqui-date; to pay. Parties are said to settle an account when they go over its items and ascertain and agree upon the balance due from one to the other. An

See Estate.

In conveyancing. A disposition of property by deed, usually through the medium of a trustee, by which its enjoyment is limited to several persons in succession, as a wife, children

A person who, for the purpose of acquiring a pre-emption right, has gone upon the land in question, and is actually resident there. See Hume v. Gracy, 86 Tex. 671, 27 S. W. 584; Da

When the bill of exceptions prepared for an appeal is not accepted as correct by the respondent, it la settled (i. e., adjusted and finally made conformable to the truth) by being

The day on which transactions for the "account" are made up on the English stock-excbange. In consols they are monthly; in other investments, twice in the month.

The determination by the court of objections to interrogatories and cross-interrogatories prepared to be used in taking a deposition.

In English practice. Arranging or determining the form of the issues in a cause. "Where, in any action, it appears to the judge that the statement of claim or defense or reply does

The grantor or donor in a deed of settlement.

To bring forward or allege, as something relled upon or deemed sufficient; to propose or interpose, by way of defense, explanation or justification; as, to set up the statute of li

To separate. When two Joint defendants separate in the action, each pleading separately his own pica and relying upon a separate defense, they are said to sever.

Admitting of severance or separation, capable of being divided; capable of being severed from other things to which it was joined, and yet maintaining a complete and independent ex

Separate; individual; independent. In this sense the word is distinguished from "joint." Also exclusive; individual ; appropriated. In this sense it is opposed to "common." —Severa

Where a separate and distinct action is brought against each of two or more persons who are nil liable to the plaintiff in respect to the same subject-matter, the actions are said

In English practice. In the action of ejectment, it was formerly customary, in case there were any doubt as to the legal estate being in the plaintiff, to insert in the declaration

An inbentance conveyed so as to descend to two persons severally, by moieties, etc.

This occurs where there is more than one issue involved in a case. 3 Steph. Comm. s60. As to several "Co.unts," "Covenant," "Demise," "Fishery," "Tail," and "Tenancy," see those ti

An entail severally to two; as if land is given to two men and their wives, and to the heirs of their bodies begotten ; here the donees have a j'oint estate for their two lives, an

A tenancy which is 'separate, and not held jointly with another person.

A state of separation. An estate in severalty is one that is held by a person in his own right only, without any other person being joined or connected with him, in point of intere

In pleading. Separation; division. The separation by defendants in their picas; the adoption, by several defendants, of separate pleas, instead of joining in the same plea. Steph.

One who guards the sea-coast; custos maris.

A fresh-water trench or little river, encompassed with banks on both sides, to drain off surplus water into the sea. Cowell. Properly, a trench artificially made for the purpose of

The distinction between male and female; or the property or character by which an animal is male or female. Webster.

In ecclesiastical law. The second Sunday before Lent, being about the sixtieth day before Easter.

In Saxon law. The middle thanes, valued at 600s.

Lat. In Roman law. A subdivision of the as, containing two unciæ; the proportion of two-tvvelfths> or one-sixth. '2 Bl. Conun. 462, note.

In old records. An ancient measure of liquids, and of dry commodities; a quarter or seain. Spelman.

Lands given to a church or religious house for maintenance of a sexton or sacristan. Cowell.

Lat. The sixth (book) of the decretals; the sext, or sixth decretal. So called because appended, in the bsdy of the canon law, to the five books of the decretals of Gregory IX.; it

Carnal copulation of male and female, implying actual penetration of the organs of the latter. State v. Frazier, 54 Kan. 719, 39 Pac. 822.

An abbreviation in the civil law for "sine fraude sua," (without fraud on his part) Calvin.

In English law. The straying and escaping of cattle out of the lands of their owners into other uninclosed land; an intercommoning of cattle. 2 H. Bl. 416. It sometimes happens tha

As used in statutes and similar instruments, this word is generally imperative or mandatory; but it may be construed as merely permissive or directory, (as equivalent to "may,") to