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On this page: Serviana Actio – Servitudes – Servitus

SERVITUTES.

SERTA.

J030

and of fruits, so as to blend their forms, colours, and scents (Virg. Copa, 14, 35) in the most agree­able manner. The annexed woodcut taken from a sarcophagus at Rome (Millin, Gal. Myth. ii. 100), shows a festoon adapted to be suspended by means of the fillets at both ends. Its extremities are skilfully encased in acanthus-leaves : its body con­sists apparently of laurel or bay, together with a profusion of fruits, such as apples, pears, pome­granates, bunches of grapes, and fir-cones. At Athens there was a market, called

for the manufacture and sale of this class of pro­ductions, the work being principally performed by women and girls. (Aristoph. Thes7ti 455.)

When a priest was preparing a sacrifice, he often appeared with a festoon intended to be placed on the door of the temple (festafronde, Virg. Aen. ii. 249 ; variis sertis, iv. 202 ; Juv. xii. 84 ; Lucan, ii. 354), on the front of the altar (Virg. Aen. i. 417) or upon the head of the victim. Thus in the Iliad (i. 14, 28), Chryses besides the gilded sceptre which denoted his office and authority carries a garland in honour of Apollo, which was probably wound about the sceptre. (See also Aristoph. Av. 894, Pax, 948 ; Callim. Hymn., in Cer. 45.) The act here described is seen in the ;annexed woodcut, which is taken from a bas-relief in the collection of antiques at Ince-Blundell, and represents a priestess carrying in her two hands a festoon to suspend upon the circular temple which is seen in the distance. As the festoons remained on the

temples long after their freshness had departed,

they became very combustible. The temple oJ

• Juno at Argos was destroyed in consequence of

their being set on fire. (Thuc. iv. 133. § 2-;' Pans. ii. 17. § 7.) The garlands on funereal monu­ments hung there for a year, and were then re­newed. (Tibull. ii. 4. 48, 7. 32 ; Propert. in. 16. 23.) The funeral pile was also decorated in a similar manner, but with an appropriate choice of plants and flowers. (Virg. Aen. iv. 506.)

Festoons were placed upon the door-posts of private houses in token of joy and affection (TibulL i. 2. 14) more especially on occasion of a wedding. 'Lucan, ii. 354.) They were hung about a palace in compliment to the wealthy possessor (insertabo coronis atria, Prudent, in Symm. ii. 726) : and on occasions of general rejoicing the streets of a city were sometimes enlivened with these splendid and tasteful decorations. (Martial, vi, 79. 8.)

The smaller garlands or crowns, which were worn by persons on the head or round the neck, are sometimes called serta. (Tibull. i. 7. 52.) The fashion of wearing such garlands suspended from the neck, was adopted by the early Christians. (Miii. Felix, 38.) [J. Y.]

SERVIANA ACTIO. [PiGNUS.]

SERVITUS. [servus.]

SERVITUDES. The owner of a thing can use it in all ways consistent with his ownership, and he can prevent others from using it in any way that is inconsistent with his full enjoyment of it as owner. If the owner's power over the thing is limited either way, that is, if his enjoyment of it is subject to the condition of not doing certain acts in order that some other person may have the benefit of such forbearance, or to the condition of allowing others to do certain acts, which limit his complete enjoyment of a thing, the thing, is said " servire " to be subject to a " servitus." Hence when a thing was sold as " optima maxima," this was legally understood to mean that it was war­ ranted free from Servitutes. (Dig. 50. tit. 16. s. 90. 169 ; compare Cic. deLeg. Agr. iii. 2.) The existence of a Servitus must be proved: the pre­ sumption is that the ground is free (liber) till it is shown to be servient. Servitutes are also in­ cluded in the terms " Jura," and " Jura in Re," and these terms are opposed to Dominium or com­ plete ownership. He who exercises a Servitus therefore has not the animus domini, not even in the case of ususfructus, for the Ususfructuarius is. never recognized as owner in the Roman Law. The technical word for ownership, when the ususfructus is deducted from it, is Proprietas.

A man can only have a right to a servitus in another person's property; and a servitus can only be in a corporeal thing. Viewed with respect to the owner of the thing, a Servitus either consists in his being restrained from doing certain acts to his property, which otherwise he might do (ser­vitus quae in non faciendo consistit j Servitus nec/a-tiva) ; or it consists in his being bound to allow some other person to do something to the propert}', which such person might otherwise be prevented from doing (servitus quae in patiendo consistit; Servitus affirmatives). A Servitus never consists in the owner of the servient property being obliged to do any act to his property, though he may be under an obligatio to do acts which are necessary towards the enjoyment of the Servitus. (Dig. 8. tit. 1. s. 15 ; Puchta, Inst. i. § 252, note e.)

There were two classes of Servitutes. Either they had for their subject a definite person, who could exercise the right, in which case they were

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