英文法律词典 S-33

SERVANTS. In Louisiana they are divided into free servants and slaves. See Slaves; Slavery.

2. Free servants are, in general, all free persons who let, hire, or engage their services to another in the state, to be employed therein at any work, commerce, or occupation whatever, for the benefit of him who has contracted with them, for a certain sum or retribution, or upon certain conditions.

3. There are three kinds of free servants in the state, to wit:

4. - 1. Those who only hire out their services by the day, week, month, or year, in consideration of certain wages.

5. - 2. Those who engage to serve for a fixed time for a certain consideration, and who are therefore considered not as having hired out, but as having sold their services.

6. - 3. Apprentices that is, those who engage to serve any one, in order to learn some art, trade, or profession. Civ. Code of Lo. art. 155, 156, 157.

SERVANTS, menial. Domestics those who receive wages, and who are lodged and fed in the house of another, and who are employed in his services. Such servants are not particularly recognized by law. They are called menial servants, or domestics, from living infra moenia, within the walls of the house. 1 Bl. Com. 324; Wood's Inst. 53; 1 Sw. Syst. 218. The right of the master to their services in every respect is grounded on the contract between them. 2. Labor-ers, or persons hired by the day's work, or any longer time, are not considered servants. 1 Sw. Syst. 218; 5 Binn. 167; 3 Serg. & Rawle, 351. Vide 12 Ves. 114; 2 Vern. 546; 16 Ves. 486; 1 Rop. on Leg. 121; 3 Deac. & Chit. 332; 1 Mont. & Bligh. 413; 2 Mart. N. S. 652; Poth. Proc. Civ. sect. 2, art. 5, §5; Poth. Ob. n. 710, 828, French ed.; 9 Toull. n. 314; Domestic; Operative.

SERVI. This name was given by the Romans to their slaves; they were so called from servare, to preserve, from the ancient practice of the generals of the army, who were accustomed to sell their captives, and preserved them rather than kill them: servi autem ex eo appellati sunt, quod imperatores captivos vendere, ac per hoc servare, nec occidere solent. Inst. 1 3, 3.