Law Dictionary

Same as Praedial servitude.

The right of projecting one's building over the land of one’s neighbor.

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

There cannot be an easement upon an easement.

The right of eaves-drip. See Eaves-drip .

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.

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

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

A slave.

The servant works that the master may give.

resolvitnr jns conccssum, I. Where the right of the grantor is extinguished, the right granted is extinguished.

or ASSESS. Rate or tax.

A sitting; a session. Sessio parliamenti, the sitting of parliament. Cowell.

The time during which a legislative body, a court, or other assembly sits for the transaction of business; as, a session of congress, which commences on the day appointed by the co

GREAT, 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 t

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

See "Court of Session."

Statutes passed at a session of the legislature.

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 criminal cases. The title of several courts in England a

An English court of record held before two or more justices of the peace for the execution of the authority given them by their commission and by statute. See 14 Abb. Pr. (N. Y.) 9

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

To annul; to make void; as, to set aside an award. When proceedings are irregular, they may be set aside on motion of the party whom they injuriously affect. a line to which a numb

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.

To enter a courts order fixing a certain day on or after which the case may be called for final disposition or trial. See 112 Ind. 484, 14 N. E. 466.

The different parts of a bill of exchange, taken together. Each part is a perfect instrument by itself; but the parts are numbered successively, and upon payment of any one, the ot

A money demand by the defendant against the plaintiff, arising on contract and constituting a debt independent of and unconnected with the cause of action set forth in the complain

if the defendant succeeds in proving his set-off, and it is larger than the plaintiff's claim, he is entitled to a judgment for the excess. The parties are concluded by the judgmen

It is the main purpose of this statute, as its terms show, to prevent debtors of the bankrupt from acquiring claims against the bankrupt for use by way of set-off and reduction of

To recite; to state in full. See 58 Neb. 639, 79 N. W. 556.

In Scotch law. The grantor of a tack or lease. 1 Forbes, Inst. pt. 2, p. 153.

A sale will not be set aside for mere inadequacy of price unless that inadequacy be so gross as to shock the conscience, or unless there be additional circumstances against its fai

In this chapter, “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance. / In this chapter, the term

a settled account is only prima facie evidence of its correctness. It may be impeached by proof of unfairness, or mistake, in law, or in fact; and if it be confined to particular i

A definitely settled administrative construction is entitled to the highest respect; and, if acted on for a number of years, such construction will not be disturbed except for coge

See Estate.

Delirium tremens, which see.

The term 'settlement' is used as comprehending acts done on the land by way of establishing or preparing to establish an actual personal residence-going thereon and, with reasonabl

DEED OF. A deed made for the purpose of settling property, i. e., arranging the mode and extent of the enjoyment thereof. The party who settles property is called the "settlor;" an

EQUITY OF. See "Equity to a Settlement."

The term “Settlement Agreement” means the Agreement of Compromise and Settlement dated April 4, 2000, among the United States, the Pueblo, and the Sandia Peak Tram Company. / “sett

The term “Settlement Area Land” means the National Forest System land located within the Santa Fe National Forest, as described in Appendix B to the Settlement Agreement, that is a

a sum paid in the prudent settlement of a suit is paid under the compulsion of the suit as truly as if it were paid upon execution.

The term “Settlement Common Stock” has the meaning given such term by section 3(p) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(p) ). / "Settlement Common Stock

"Settlement Fund" means the Hoopa-Yurok Settlement Fund established pursuant to section 1300i–3 of this title; / “Settlement Fund” means the Maine Indian Claims Settlemen

The term “settlement funds” means those amounts of money which the State of Florida has agreed to pay to the Miccosukee Tribe under the Settlement Agreement in partial consideratio

An adjustment of differences out of court.

“settlement lands” means those lands defined in subsections (d) and (e) of this section; / The term “settlement lands” means— (A) the lands described in sections 2(a) and 3 of the

Settlement,' 'location,' 'sale' and 'entry' are all terms contemplating transfer of title to the lands in question

The term “settlement payment” means, for purposes of the forward contract provisions of this title, a preliminary settlement payment, a partial settlement payment, an interim settl

a right founded on a prior actual settlement which has not been abandoned, is just as valid in law as a right vested by a prior warrant or patent. 'Title by settlement and improvem

"Settlement Roll" means the final roll prepared and published in the Federal Register by the Secretary pursuant to section 1300i–4 of this title;

the term “Settlement services” includes any service provided in connection with a real estate settlement including, but not limited to, the following: title searches, title examina

The term “Settlement Trust” means a trust that constitutes a settlement trust under section 3(t) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(t) ). / “Settlement Tru

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 Peterson v. R. Co., 27 Minn. 222, 6 N. W. 615

The term “settling” means movement, and reporting such movement, of funds from an electronic benefit transfer card issuer that is located in 1 State to a retail food store, or whol

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

A hearing of counsel and the approval of the court in fixing the terms of a decree in equity. Settling a bill of exceptions relates to the final approval of a bill of exceptions by

The day on which transactions for the "account" are made up on the English stock exchange. 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. Deciding the forms of the issues to be determined in a trial, according to the provisions of the Judicature Act of 1875. Sched. I. ord. 26; 3 Steph. Com., 11th

The grantor or donor in a deed of settlement.

The term “settlors” means the United Mine Workers of America and the Bituminous Coal Operators’ Association, Inc. (referred to in this chapter as the “BCOA”).

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

The amendment preserves the right which existed under the common law when the amendment was adopted. Thus it has no application to cases where recovery of money damages is an incid

it should be read as a substantial and independent clause; and that it was a prohibition to the courts of the United States to re-examine any facts tried by a jury in any other man

peaceable possession, for seven years, by any person, under a grant, or deed of conveyance founded upon a grant, gives a complete title to the person who has the possession; and al

In practice. To separate; to Insist upon a plea distinct from that of other codefendants. by two or more persons separately, each binding himself for the whole; a several action is

The unconstitutionality of a part of an act does not necessarily defeat or affect the validity of its remaining provisions. Unless it is evident that the Legislature would not have

The effect of the statutory declaration is to create in the place of the presumption just stated the opposite one of separability; that is to say, we begin, in the light of the dec

That an award may be void in part, and good for the residue, will be readily admitted; but if that part which is void be so connected with the rest as to affect the justice of the

if some of the covenants of an indenture, or of the conditions indorsed upon a bond are against law, and some are good and lawful, that in this case the covenants or conditions whi

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

It is a settled principle of law that where a bond contains conditions, some of which are legal and others illegal, and they are severable and separable, the latter may be disregar

A contract the consideration of which is expressly or impliedly apportionate, e. g., a contract for a year’s service at a fixed sum per month. See 4 Atl. (Pa.) 828.

See Joint and several .

Separate actions, the opposite of "joint actions," in which the plaintiffs combine their causes. See "Joinder of Actions."

See "Count;" "Indictment."

A covenant by two or more, separately; a covenant made so as to bind the parties to it severally or individually.

Prior to the com mon-law procedure acts of 1852-1860, _ it was necessary, in England, that the plaintiff in ejectment should make a demise, and that he should have the legal estate

A right to flsh in private water, either exclusively, or in conjunction with the owner of the soU. 1 Kent, Comm. 410, and note.

An Inheritance 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. Com. 560.

To separate is to disunite, to divide, to disconnect, to sever. 9 111. App. 370.

Liable personally and separately. See 21 N. Y. 300.

Ownership by a single person.

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 joint estate for their two lives, and

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

ESTATE IN. An estate which is held by the tenant in his own right only, without any other being joined or connected with him in point of interest during the continuance of his esta

The separation of a part of a thing from another; for example, the separation of machinery from a mill is a estate, becomes by the severance personalty, unless such severance be me

If only a portion of a single tract is taken the owner's compensation for that taking includes any element of value arising out of the relation of the part taken to the entire trac

if the description was vague and indefinite, as in the case before us, and there was no official survey to give a certain location, it could create no right of private property in

The separation by judicial construction of constitutional from unconstitutional provisions and striking the latter from the statute. See 81 Miss. 507, 95 Am. St. Rep. 476, 62 L. R.

in grants of lands, with uncertain designations, to be made on a large district of country, they must have been severed from the public domain by survey, or be void for want of ide

in every case arising under the law one general question was presented for the consideration of the court: Whether in the given case, a court of equity could, according to its rule

Within the meaning of a life insurance policy, severe illness means such an illness as has, or ordinarily does have, a permanent, detrimental effect upon the physical system. Boos

The term "severe disability" means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that—

any highly unpleasant mental reaction such as fright, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, or worr(y).' The injury had to be 'severe,' which in

The term “severe energy supply interruption” means a national energy supply shortage which the President determines— (A) is, or is likely to be, of significant scope and duration,

“severe fiscal distress” means a jurisdiction other than a State that satisfies both of the distress criteria set forth in paragraph (3).