Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

1032 SERVITUTES. SER VITUTES.
to get light or a prospect. It was a Servitus the muni dividundo, and in a case where the Judex
object of which was to procure light, whereas the adjudicated the Proprietas to one and the Ususne officiatur was to prevent the destroying of light. fructus to another (Dig. 7. tit. 1. s. 6). Servitutes
(Dig. 8. tit. 2. s. 4. 40.) But there are different could a;lso be acqctired by the Praescriptio longi
opinions as to the meaning of Servitus Luminnum. temporis. (Cod. 7. tit. 33. s. 12.) An obscure and
7. Servitus Stercolinii, or the right of placing dung corrupt passage of Cicero (ad Att. xv. 26) seems
against a neighbour's wall, &c. 8. Servitus fumili to allude to the possibility of acquiring a right to a
immittendi, or the right of sending one's smoke: Servitus by use; as to which a Lex Scribonia made
through a neighbour's chimney. 9. Servitus cloacae, a change. [L.x S IBONIA..] Quasi servitudes were
or the right to a drain or sewer from a man's land sometimes simply founded on positive enactments,
or house through a neighbour's land or house. which limited the owner of a property in its enjoyThe following are the principal Servitutes Rus- menlt (Nov. 22. c. 46. s. 2); and others were conticae:-1. SerVitus Itineris, or the right to a foot- sid red' as' velut jure impositae" (Dig. 39. tit. 3.
path through another man's ground or to ride s. 1. ~ 23; asd'Dig. 43. tit. 27, De A'bosiribzs
through on horseback or in a sella or lectica, for a CGedendis.)
man in such cases was said ire and not atgese. A Servitus might -be released (sremitti) to the
Viewed with reference to the person who exercised owner of the Fundus serviens ((Dig. 8. tit. 1. s. 14);
the right, this Servitus was properly called Jus or it might be surrendered by allowing the owner
eundi. (Gaius. iv. 3.) 2. Actus or Agendi, or the of the Fiundus Serviens to do certain acts upon it,
right of driving a beast or carriage throeugh another which were inconsistent with the continuance ol
man's land. 3. Viae or the iight eundi et agendi- the Servitus. (Dig. 8. tit. 6. s. 8.) if both the
et ambulandi. Via of course included the other dominant anid the servient land calne to belong to
two Servitutes; and it was distingtished from them one owner, the Servitutes were extinguished;
by its width, which was defined by the Twelve there was a Confusio. (Dig. 8. tit. 6. s. 1.) If the
Tables. (Dig. 8. tit. 3. s. 8.) The Awidth of ani separate owners of two separate estates, jointly
Iter or Actus might be a matter of evidence, and acquired an estate whichl was servient to the two
if it was not determined, it was settled by an separate estates, the Servitutes were not extinarbiter. if the width of a Via was not determined, guishedl; but they were extinguished if the joint
its width was taken to be the legal width (latitudo owners of a dominant estate, jointly acquired the
legitiscma). In the work De Coloniis, attributed to servient estate. (Dig. 8. tit. 3. s. 27.) A usuFrontinus, the phrase " iter populo debetur or non fruictus was extinguished when the Usutfructuadebetur" frequently occurs. When 6 iter debetur" rius acquired the Proprietas of the thing. A
occurs, the width of the -iter is given in feet. It Servituis was extinguished by the extinction of the
seems that in the assignment of the Inids in these object, but if the servient object was restored, the
instances, the lands were made' servire populo," servitus was also restored. (Dig. 8. tit. 2. s. 20
for the purposes of a road. 4. Servitus pascendi tit. 6. s. 14.) A servitus was extinguished by the
or the right of a man in respect of the ground to. extinction of the subject, as in the case of a Perwhich his cattle are attached, to pasture them sonal Servitude with the death of the person who
on another's ground. 5. Servitus aquaeductus or was intitled to'it; and in the case of Praedial Serducendi aquam per fiunduin alienum. There were vitutes with the destruction of the dominant subalso other Sertitutes as Aquae hbaustis, Pecoris ject, but they were revived with its revival: for
ad aquasn applilsus, Calcis coquendcae, and Arenae instance, if a building to which a servitude befodiendae. If a Publicus'locus or a Via publica longed, was pulled down in order to be rebuilt,
intervened, no servitus aquaeductus could be im- and if it was rebuilt in the same form, the serviposed, but it was necessary to apply to -the Prin- tude revived (Paulus, Dig. 8. tit. 2. s. 20. ~ 2;
ceps for permission to form an aquaeductus across Moore v. Rawson, 3 B. & Cr. 332). A Servitus
a public road. The intervention of -a Sacer et might be extilnguished by not using it. There is
religiosus locus was an obstacle to imposing an a case in the Digest (8. tit. 3. s. 35) of the servitus
Ttineris servitus, for no Servitus could'be due to of a spring, the use of which had been interrupted
any person on ground which was sacer or reli- by the temporary failure of the spring, anld a regiosus. script of Augustus on the matter. According to
A Servitus Negativa could be acquired by mere the old law, Ususfructus and Usus were lost,
contract; and it seems the better opinion that a through not exercising the right, in two years in
Servitus Affirmativa could'be so acquired, and that the case of things imnimoveable, and inl one year iln
quasi possessio, at least in the later periods, was the case of things moveable. Ins Justinian's legisnot necessary in order to establish the Jus Servi- lation Ususfructus and Usus were only lost by not
tutis, but only to give a'ight to the Publiciana ini exercising the right, when there had been a Usurem actio. (Gaius, ii. 30, 31; Savigniy, Das BRecht capio libertatis on the part of the owner of the
des Besitzes.) The phrases " aqnae jus consti- thing or the ownership had been acquired by Usttuere," " servitutesm fundo imponere," occur (Cic. capion. (Cod. 3. tit. 33. s. 16. ~ 1, and tit. 34,
ad Quit. iii. 1. c. 2). According to Gains, Servi- s. 13.)
tutes Urbanae could only be transferred by' the Servitutes might be the subjects of Actiones in
In jnure cessio: Servitutes Rusticae could be trans- rem. (Dig. 7. tit. 6; 8. tit. 5.) An Actio Coinferred by Mancipatio also. (Gaius, ii. 29.) fessoria or Vindicatio Servitutis had for its object
A Servitus might be established by Testament the establishing the right to a Servitus, and it
(Sereitus Legqata, Dig. 33. tit. 3), and the right to could only be brought by the owner of the domiit was acquired shen the " dies legati cessit " nant land, when it was due to land. The object
[LEGATUM]; but tradition was necessary in order of the action was the establishment of the right,
to give a right to the Publiciana in rem actio. A damages, and security against future disturbance
Servitus could be established by the decision of a inl the exercise of the right; and the action might
jtLdeX in the Judicium Familiae erciscunn. Coig- bh lot ponly against the owiser of the servient