471 



>KKVU'E. 



SK*SIUX. rul'IlT OF. 



47 



that right doc* him an injury for which he U responsible in an action 

 for damage*. A nuwter my be deprived of the services of a servant, 

 either by tome hurt done to the servant, or by his being enticed out of 

 the Mrrtce. An action, therefore, may be brought by a master where 

 a errant baa received 80100 peraonal injury disqualifying him from the 

 discharge of hU dutiea an a servant, ai where he ha* been disabled by 

 the overturn of a coach, the bite of a third penon's dog, &c. The 

 action by a parent against the aeduoer of hu daughter is of this clan, 

 and pur|N>rta to be brought to recover the damage* incurred by the 

 parent for the loa* of his daughter's Mrvioas ; and although in practice 

 the damages are nerer really measured by the injury occurring from 

 the mere low of awvioe, still, from the form of the action, the only 

 one which can be brought in such a case, it in necessary to give evi- 

 dence of services performed. Any kind of assistance in domestic offices 

 is sufficient. [PARKST AMD CHILD.] 



In order to succeed in an action for enticing a servant out of his 

 service, the master must prove that the party enticing nway the 

 servant knew of the previous engagement at the time when he enticed 

 him away, or that he has refused to restore the servant upon subse- 

 quent application. This action is maintainable where the servant is 

 hired to do work by the piece, as well as where the servant is hired 

 for a definite time. But no action lies for inducing a sen-ant to quit 

 hi* service at the period when the definite time for which he was hired 

 expires, although the servant had no previous intention of quitting the 

 service at such period. Neither will an action lie against a party for 

 enticing away a servant if the servant has paid to the master the 

 |nalty stipulated for by the agreement of hiring and service in case 

 of his quitting his master's service. Where a servant has been enticed 

 away from the service, an action lies against him for his breach of 

 contract, as well as against the party who has enticed him away. 



It is not inconsistent with the duty of the servant of a tradesman to 

 solicit his master's customers to give him business after he shall have 

 left the service of his master. Where a workman discovers a new 

 invention during the time of his service, the invention is the property 

 of the servant, unless perhaps he were specially hired for the purpose 

 of making new inventions. 



Penalties are imposed by the statute law upon parties who personate 

 masters and give false characters with servants ; and also upon those 

 who, though they really have been masters, wilfully make false state- 

 ments in writing, as to the time and particulars f the service or the 

 character of the servant, and also upon those who personate servants 

 or falsely state that they have been in particular services, or deny that 

 they have been in such employments as they really have filled. A 

 person who wilfully gives a false character with a servant is also liable 

 to an action at the suit of the party who has been induced by the false 

 character to employ the servant, for any damages which he may suffer 

 in consequence of employing him. Thus, where one was induced by a 

 false character to employ a servant who afterwards robbed him to a 

 large amount, and was convicted of the robbery, the master was held to 

 be entitled to recover to the extent of his loss from the party who gave 

 the false character. 



Formerly a settlement was gained by residence in a parish under a 

 contract of hiring and service for a year ; but no settlement can now 

 be gained by such means. 



SERVICE (Law). [SERVANT.] 



SERVICE, the name given in English cathedral music to the Te 

 Deum and Jubilate, the Magnificat and A'une Dimittia, the Cantate 

 Dumino and Deu ifiteratur, collectively or separately ; and sometimes 

 applied, very erroneously, in our concert books, to the whole or por- 

 tions of the mass. 



SEKV1TES, or Servants of the Blessed Virgin, a religious order 

 first instituted in Tuscany, A D. 1233, by seven Florentine merchants. 

 This order, though subjected to the rule of St. Augustine, was neverthe- 

 less erected in commemoration of the most holy widowhood of the 

 blessed Virgin, for which reason its monks wore a black habit, and 

 observed several rules not practised in other monasteries. 



Toward the close of the 16th century it was found that the Semites 

 had fallen off from their early strictness ; and in 1593 the order was 

 re-established in its original austerity in the hermitages of Monte- 

 Senario, where the reformed brothers took the title of Semites- 

 ErtmiUs. This order continues to exist in Italy. 



Father Paul Sarpi, the well-known author of the ' History of the 

 Council of Trent,' was a Servite. 



(Mosheim, t'ccla. //(<., Cent, xiii. Part ii. s. 20; Uitt. det Ordrm 

 Rduj'itus, jar M. Henrion, 8vo. Brux., 1838.) 

 SERVITOR. [SIZAR.] 



1RV1TUDB, PENAL. [PENAL SERVITUDE.] 



SERVITUDES (territuta). A servitus in the Roman law signifies 

 that the owner of gome particular property is bound in respect to some 

 ether person, simply as such person, or as being the owner of a par- 

 ticnUr property, either not to do certain acts to his property, or to 

 allow that other person to do some particular acts to the property. 



Servitutes were thus cither a right belonging to some particular 

 person, which ceased with his life (unless they were granted to him 

 and Us heirs), and were called servitutes personarum or pen,ouales ; 

 or they were attached to a piece of ground as the subject, and could be 

 exercised by any person who was in the possession of the ground, and 

 were culled Jura, or servitutes pncdioruui or rerum, and sometimes 



Srr\it|il<- Dimply. Personal servitudes were comprehended under the 

 heads of Ususfructus, U*n*. H.il.itatio (a lodging in another person's 

 house), and Upenc Servoruin et Animalium (the use of another person's 

 slave* or beasts). 



Pradial Servitudes were either Servitutes Urbanic or Rusticte. 

 They were Urbanuj if the projierty which was entitled to the servi- 

 tude was a building ; they were Rusticto if it was a piece of ground. 

 There was no limit to the number or kind of servitudes of this class 

 lnrli might be established. Those Servitutes Urbomu which were of 

 ordinary occurrence were such as follow : Servitutes onerix ferondi, 

 the right which a mail has to let his building rest on the building, the 

 wall, or the pillar which belongs to another; Tigni immittendi, tin- 

 right of fixing a man's timbers in hjs neighbour's wall ; l.uminui 

 luminw excipiendi, the right of a man's making windows or openings in 

 his neighbour's wall, or in a common wall, in order to get light for his 

 own building, or to make holes or windows in a man's own wall, which 

 holes or windows look into his neighbour's property, in such cases as 

 would be unlawful without the existence of the servitude ; Ne lumini- 

 bus officiatur, the right to prevent a neighbour from obstructing the 

 light that comes to a man's buildings, by raising any obstacle in the 

 way ; and others of a like kind. The Servitutes Rustictc were rights 

 of road over another man's property, which were of various kinds 

 according to the kind of road, as Servitus itineris, actus, vise ; Pascendi 

 sive pascui, right of pasturing a man's animals on another man's 

 ground ; and the various servitudes which have for their object the 

 use of water, as servitus aqme ductus, aqua: haustus, and others of a 

 like kind. 



Servitudes might be established by contract, by testamentary dispo- 

 sition, by prescription in the Roman sense, and in some other ways. 

 They might cease by the party entitled to them renouncing them by 

 express words or tacitly : in the cage of pncdial servitude, by one 

 person becoming owner of the servient and dominant properties ; and 

 in some other ways. 



The pnedial servitudes may be compared with some of the easements 

 and rights of the English system. The personal servitudes of the 

 Roman law do not correspond, except in some few cases, with anything 

 in the English law, except limited enjoyments of a thing, as, for instance, 

 an estate in lands for life. 



The subject of the Roman servitudes would require a long exposition 

 to be treated fully. A good outline is contained in Thibaut, ' System 

 des Pandekten Rechts,' i. 296, &c., 9th ed. ; and in Mackeldey, 

 ' Lehrbuch,' &c., ii. 274, 12th ed. 



SESQUIALTER, the name of a stop on the organ, containing three 



ranks of pipes, thus giving three pipes to each organ key, which are 



tuned in different but harmonic intervals. Sometimes the All* tun 



\ stop is considered as part of the Sesquialter, in which case the 



: latter is said to contain five ranks of pipes, all tuned in harmonic 



! intervals. [ORGAN.] 



SESSION, COURT OF, is the principal tribunal of civil jurisdiction 

 in Scotland. As at present constituted, it dates back to the year 1532, 

 but it was then reconstructed on the basis of institutions which had 

 existed at a much earlier period. The early records of the Scottish 

 Parliament .-how that the judicial authority, which in those times was 

 mixed with the legislative functions of that body, was often deputed 

 to committees. These were termed Domini Auditores, or Domini ad 

 Querelas, and received other like titles. We find these committees 

 and their .functions placed on a more distinct position in 1503, when a 

 permanent body received the designation of ' The Daily Council." It 

 is worthy of observation that these incidents in the history of the 

 court explain the absence of jury trial as a fundamental feature in the 

 Court of Session, while in early times it is known to have belonged to 

 the courts of the inferior judges. Parliament being the high jury of 

 the nation, it would be an anomaly that a committee of that body 

 should act through the aid of a jury. The number of the court as 

 finally established in 1 532 was fifteen, the usual number of a Scottish 

 jury in former times, and still the number of a jury in a criminal 

 prosecution. There was then a lord chancellor of Scotland, whoso 

 functions in some degree resembled those of the same official in 

 England. He presided over the Court of Session, and his judicial 

 functions gradually came to be absorbed in those of the court. At 

 the union with England it was deemed unnecessary to retain a separate 

 chancellor of Scotland, and the great seal to be appended to private 

 documents for that part of the country being committed to a keeper, 

 the court was presided over by the lord president, who previously pre- 

 sided in the absence of the chancellor. In 1808 the Court of Session 

 was divided into two divisions : the head of the court, the lord presi- 

 dent (who is also now lord justice-general or head of the supreme 

 criminal court) presides in the first division, and the lord justice clerk 

 in the second. In 1815 trial by jury in civil cases was introduced in 

 Scotland, a separate tribunal being established for these cases ; but in 

 1830 the practice of jury trial was united with that of the Court of 

 Session. It is still only adopted in a limited number of cases, and is 

 far from being popular or satisfactory. The Scottish mode of pleading 

 is ill adapted to it, and no means have been found, or indeed tried, of 

 carrying it through with the promptitude and precision which mark the 

 English practicu. In 1830 two separate courts of limited jurisdiction 

 and small practice the Admiralty and Commisiouary Courts were ab- 

 sorbed in the Court of Session, and the number of j udges was at the same 



