servitude

'[a] condition in which a person lacks liberty especially to determine one's course of action or way of life'—'slavery'—'the state of being subject to a master.' " 4 Ibid.

In Civil Law. The subjection of one person to another person, or of a person to a thing, or of a thing to a person, or of a thing to a thing. A right which subjects a land or tenement to some service for the use of another land or tenement which belongs to another master. Domat, Civ. Law (Gushing Ed.) § 1018. (1) A mixed servitude is the subjection of persons to things, or things to persons. (2) A natural servitude is one which arises in consequence of the natural condition or situation of the soil. (3) A personal servitude is the subjection of one person to another. If it consists in the right of property which a person exercises over another, it is slavery. When the subjection of one person to another is not slavery, it consists simply in the right of requiring of another what he is bound to do or not to do. This right arises from all kinds of contracts or qtuisi contracts. Lois des Bat. p. 1, c. 1, art. 1. (4) A real or predial servitude is a charge laid on an estate for the use and utility of another estate belonging to another proprietor. Code La. art. 643. When used without any adjunct, the word "'servitude" means a real or predial servitude. Lois des Bat. p. 1, c. 1. Real servitudes are divided into rural and urban. (a) Rural servitudes are those which are due by an estate to another estate, such as the right of passage over the serving estate, or that which owes the servitude, or to draw water from it, or to water cattle there, or to take coal, lime, and wood from it, and the like. (b) Urban servitudes are those which are established over a building for the convenience of another, such as the right of resting the joists in the wall of the serving building, of opening windows which overlook the serving estate, and the like. Dalloz. This term is used as a translation of the Latin term servitus in the French and Scotch law (Dalloz; Paterson, Comp.), and by many common-law writers (3 Kent, Comm. 434; Washb. Easem.), and in the Civil Code of Louisiana. "Service" is used by Wood, Taylor, Harris, Cowper, and Gushing in his translation of Domat. Much of the common-law doctrine of easements is closely analogous to, and probably in part derived from, the civil-law doctrine of servitudes. tude" being used only in the sense of the burden imposed by an easement. SERVITUS (Lat.)

In Roman law. Servitude; slavery; a state of bondage; a disposition of the law of nations by which, against common right, one man has been subjected to the dominion of another. Inst. 1. 2. 3; Bracton, 4b; Co. Litt. 116. A service or servitude; a burden imposed by law, or the agreement of parties, upon one estate for the advantage of another, or for the benefit of another person than the owner. Servitus actus, a right of way on horseback or in a carriage. Inst. 2. 3. pr. Servitus altius non tollendi, a servitude preventing the owner of a house from building higher than his neighbor. Inst. 2. 3. 4; Paterson, Comp, Servitus aquae ducendae, a right of leading water to one's own land over that of another. Inst. 2. 3. pr. Servitus aquae educendae, a right of conducting water from one's own land unto a neighbor's. Dig. 8. 3. 29. Servitus aquae hauriendae, a right of drawing water from another's spring or well. Inst. 2. 3. 2. Servitus cloacae mittendae, a right of having a sewer through a neighbor's estate. Dig. 8. 1. 7. Servitus fumi immitendi, a right of conducting smoke or vapor through a neighbor's chimney or over his ground. Dig. 8. 6. 8. Servitus itineris, a right of way on horseback or in a carriage. This includes a servitus actus. Inst. 2. 3. Servitus luminum, a right to have an open place for receiying light into a chamber or other room. Domat, 1. 1. 4; Dig. 8. 2. 4. Servitus oneris ferendi, a servitude of supporting a neighbor's building. Servitus pascendi, a right of pasturing one's cattle on another's land. Inst. 2. 3. 2. Servitus pecoris ad aquam adpulsam, a right of driving one's cattle on a neighbor's land to water. Servitus praedii rustici, a rural servitude. Servitus praedii urbani, an urban servitude. Servitus praediorum, a servitude on one estate for the benefit of another. See "Praedia." Servitus projiciendi, a right of building a projection into the open space belonging to a neighbor. Dig 8. 2. 2. Servitus prospectus, a right of prospect. Dig. 8. 2. 15. 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. Domat. 1. 1. 6, Servitus stillioidii, a right of having the Servitus tigni imm UeTidi, a right of inserting beams in a neighbor's wall. Inst. 2. 3. 1. 4; Dig. 8. 2. 2. Servitus viae, a right of way on foot or horseback, or with a loaded beast or wagon, over a neighbor's estate. Inst. 2. 3. See, generally, Inst. 2. 3; Dig. 8. 2; Diet, de Jur.; Domat, Civ. Law; Bell, Diet.; Washb. Easem. SERVITUS EST CONSTITUTIO JURE gentium qua quis 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 nature. Inst. 1. 3. 2; Co. Litt. 116. SERVITUS NE LUMINIBUS OFFICIAtur. A servitude 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. SERVITUS NE PROSPECTUS OFFENDatur. A servitude not to obstruct one's prospect. Dig. 8. 2. 15.

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 Involuntary.

— 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 another ; a species of Incorporeal right derived from the civil law (see Servjtus) and closely corresponding to the "casement" of the common-law, except that "servitude" rather has relation to the burden or the estate burdened, while "easement" refers to the benefit or advantage or the estote to which it accrues. See Nellis v. Munson, 24 Hun (N. Y.) 576; Rowe v. Nally, 81 Md. 367, 32 AH. 198; Los Angeles Terminal Land Co. v. Muir, 136 Cal. 36, 68 Pac. 308; Laumler 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 "servifude," in its original and popular sense, signifies the duty of pervice, or rather the condition of one who is liable to the performance of services. The word, however. 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 condition of the ownership or the right which forms the subject-matter of the restriction is termed a "servifude," 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 "servifude" may be said to have both a positive and a negative signification; in the former sense denoting the restrictive right belonging 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 affect 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 alao called "predial" or "landed" servitudes, are those which the owner of an estate enjoys on a neighboring estate for the benefit of his own estate. They are called "predial" or "landed" servitudes because, being established for the benefit of an estate, they are rather due to the estote than to the owner personally. Civ. Code La. art. 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 example, as a right of way ovor the servient tenement, or of access to a spring, a coalmine, 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 semething to be done on his property by another. A negative servitude is one which does not bind the servient proprietor to permit something to be done upon his property by another, but merely restrains him from making a certain use of his property which would impair the easement enjoyed by the dominant tenement. See Rowe v. Nally, 81 Md. 367, 32 Atl. 198.

A charge on one estate for the benefit of another, — a species of incorporeal right derived from the civil law, resembling the easement of the common law.

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.^

In the vernacular, more commonly means the condition of being bound as a servant; but in its legal use, it is applied to things. Kent defines it as a charge upon one estate for the benefit of another; a species of incorporeal right, derived from the civil law, resembling and answering to the easement of the common law. (3 Kent Com. 436.) When the freedom or ownership in land is fettered or restricted, by reason that some person, other than the owner thereof, has some right therein, the land is said to serve such person; the restricted condition of the ownership, or the right 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 principles with regard to servitudes, and the terms employed in treating of them, are borrowed from the Roman law. In the language of the Roman law, a thing is said to be servient in which, although it is owned by one person, another has a real right, by virtue of which, and for the advantage of his person or property, the latter can require the owner, or any possessor of the thing, to suffer, or omit to do something with respect to such thing, which he would not have to submit to, if the rights which constitute ownership remained in himself undiminished. Servitude is, therefore, a jus in re, as distinguished from a jus ad rem: the former is a real right, or a right in the thing itself, and, consequently, has effect against eveiy third person; while the latter is a personal right, or a right to the thing, and hence applies only against the actual obligee. The word servitude may be said to have both an active and a passive signification, — in the former sense, denoting the restrictive right belonging to the entitled party; in the latter, the restrictive duty entailed upon the proprietor or possessor of the servient land. See Brown. As to penal servitude, see that title.