Page:Black's Law Dictionary (Second Edition).djvu/416

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


EAR—WITNESS

EAR-WITNESS. In the law of evidence. One who attests or can attest anything as heard by himself.

EARL. A title of nobility, formerly the

highest in England, no“ the third. ruulting beln out a marquis nnd a \lSL‘Ol1iJL and col‘- iespundjng ulth the French "('imi.te" and the German “gm ." The title originated \\ith the Saxons, and is the most ancient of the English peeiage. William the C0llI1lIP101' fiist made this title hereditary, giving it in fee to his nobles; and alluttiig them for the support of their state the third penny out of the sheriff s court, issuing out of all pie-is oi.’ the shire, vtheuce they had their ancient title “shii'emen_" At present the titie is accompanied by no territory, private or judicial rights, but merely confers nobility and an hereditary seat in the house of lords. Whni'- ton. -ql-Ia:-1 marshal of England. A great officer of state who bad ancicuiiy several courts under his jurisdiction, as the court of chivalry and the court of honor. Under him is the hei-ahl’s olliee, or college of arms He was also a judge of the Mnisbalsea court, now abolished. This office is of great antiquity, and has been for several ages beredlttu-_\ in the famii of the Howards. Comm. GS, 103; Staph. Comm. 335, noic.—En1-ldam. The diguit_\ or jurisdiction of an earl. The dignity only remains now, as the jurisdiction has hcen given over to the sheriif. 1 Bl. Comm. 339.

I-IARLI-:5-Pl-JNNY. Money given in part payment. See Eunnsr.

EARNEST. The payment of a part of the price of goods sold, or the delivery of part of such goods, for the ptnpuse of binding the contract Howe v. Hayward. 108 Mass. 54, 11 Am. Rep. 306.

A token or pledge passing between the parties, by ‘way of evidence, or ratification of the sale. 2 Kent. Comm. 495, note.

EARNINGS. This term is used to denote a l.-Irgtvr class of credits than would be icnluded in the term "w.Iges." Somers v. Kelthor 115 Mass. 105: Jenlxs v. Dyer. 102 l\I.iSS. 2 .1

The gains of the person derived trorn his i-eriircs nr iahor without the aid of capital. Brown v. l;lehai'd. 20 iVis. 3:50, 91 Am. Dec. 408: Hoyt v. White, 46 N. E{. 48.

—Gz-on earnings and net earnings. The cross E.'ll'1.il[I2.~1 of a business or company are the totii rel "IDXS before deducting expenditures. \'et eainings are tln- excess of the grass earn- in'.E-‘ over the expenditures defrayed in pro- £lll(‘l|'l_1 them, and aside from and exclusive of -. =1.-ital laid out in C0llStl‘ll('illJl! and equipping I'll! norks or plant. Slate \'. Railroad Co.. 250 Minn. 311, 15 N. “' 307: People v Ilnlierts, 32 App. Div. 113. 52 N. Y. Supp. S"i9: Cincinna ,. 5: C. R. It. ('0. v. Indiana. 13. & N. Ry. Co, 44 Ohio St. 7 '. . 139. Mobile & 0. R. Co v. Ten e 153 U. S 4S(3i{14CSup. U. S.. 99 U. S. 4'20. .1 L. Ed. ..i4; ttiu: V Railway Co. 54 Conn. 156. 5 Ati. 8.Il—-S||1‘- pin: earnings of a company or corporation


408

EASEMENT

means the amount owned by the company over and above its capital and actual liahnitiss. People v. Com‘rs of Taxes. 76 N. Y. ‘M.

EARTH. Soil of all kinds, including gravel, clay, loam, and the lilu-, in distinction Irvin the lirin rock. DlLl{1l.lSDlJ v. Pough- keepsie, 75 I\'. Y. 76.

EASElVl1‘.NI‘. A right In the owner of one parcel of land, by reason of siivh unn-p ship, to use the land of another for a special pni pose not inconsistent with a gr. er.il prop- erty iii the o\\ net. 2 \\‘ashb. I\'t-nil Prop. 25.

A privilege which the owner of one adjo- Lent tenement hath of another, existing in respect of their several tenements, by wliluh that owner against whose tenement the privilege exists is obliged to suffer or not to do something on or in regard to his own had for the advantage or him in whose lund the privilege exists. Terines de in Le).

A private easement is a priviiegge, service. or convenience which one neighbor has of another, by prescription, giant, or necaszary impiiciition, and without protit: as a way over his land, a gate-way, water-course, and the like Kitch. 105; 3 Cruise, Dig. 484. And see Harrison v. Boring, 44 Tax. 267: Aihrlght v. Cortiight, 64 N. J. Law. '30. 45 Atl. G34, 48 L. 1t. A. (5113, 81 Am. St. Rep. 504; WHHJ v. Garland. 19 Ark. 23, 68 Am. Dec. 190; Wessels v. Colebank. 174 Ill. G18, 5i N. E W"! ‘iterniinal Land Po. v. Muir, 136 Cal. 30. 68 Pan. 308; Stevenson v. Wallate, '27 Grat. (Va.) 87.

The lnnd against rthich the easement or purllege exists is called the "servieut" icnemcnt, und the estate to which it is annexed the "dun- inant" tenement; and _their owners one called respectively the "servient" and "dominant

onner. These terms are taken from [be civil inn. Synonyms.

At the present day, the distin? u

in-ll settled and fully recognized, nlthungin it becomes diilicult in some of the cases to dis cover I1 substantial dillference between them. An easement it has aplpearetl, is it liberty. privilege, or lld\ image in and, without prolit, and existing distinct from the ownership of the soil; and it has appeared, also. that a claim for an easement must be founded upon a de."l or writing, or upon prescripiiop. “lll(‘lI| slipposes one. It is B permanenlanttfrest in flJ' utbei's lund. nitii a riglit to enjoy it fully and without obstruction. A license. on tho "the hand, is a bore authority to do a certain :. ': sciics of acts upon nnolher's land. ivitliom i-:- sessing any estate therein; and. it bi-ll:u: Ewvmlv ed in personal confidence. it is not asn:_:na‘xle. and it is gone if the nnner of the land who gives the license transfers bis title to another, or if either party die. Cool: v. Railroad C0,. -10 Iowa, 456; \'nrmolly v. Iron ('0 29 S. W. 361. 29 L. It. A. 4- Taylor. 166 Pa. HT: 31 At]. l Glidden, 60 Vt. 702. 13 Atl. 3-:8: Johnson. 118 Ky. 702. 82 S. W’ 300. Classification. ltlasemonts are classified as a/fir-mntii-c or negative; the former being those where the servicnt estate must permit s_omethin-: to be done thereon. (us to pass over it._or to discharge water upon lt.') the_ latter hen1_g those where tile owner of the servient estate is

4 Tenn

Asher v.