Page:Black's Law Dictionary (Second Edition).djvu/417

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EASEMENT

prohibited from doing something otherwise inw- tui upon his estate. because it will affect the iiunfinanl: estate. (ns intcrriipting the ii.:ht and nir from the latter by building on the former.) 2 Wnshb. Res! Prop. 301. Equitable L. Assur. Sac v. Brennan (Siip.) 24 N. Y. Supp. 788: Pierce v. Kcator, 70 N. Y. 4-17, 26 Am. Rcp. 612. They are also either cnntinimiis or (lis- rmitiriimus. An easement of the former kind is nine that is self-iiurpetunting. independent of human intervention, as, the flow of a siream, or one iiliich may he enjoyed without nny act on ihe part of the person entitled thereto. such as s spout which discharges the water whenever it rains. i1 drain by vihicli siirface water is currieil olf, windows which ntlniit light and air, and the like. Lampinan v. Miilts, 21 N. Y. 505; iioneiii v. Bishemore. 66 liiss. L36. 5 South. 2253. 14 Am. St. Rep. 550; Providence Tool Co. v. Engine C , 9 R. l. T]. A continuous easement is sometimes termed an “:ippurent" easement and donned as one depending on some iartificiiil structure upon, or natural conformation of, the servient tenement. obvious and ermnnent, which constitutes the ensement or s the n1c'ms of enjoying it. i“rtters v. Humphreps. IS ‘V. J. T-‘.q. "|i(l. Lnrsi-n v. Peterson. 53 i\'. 1. Eq. SS. 30 . . ITWJ4; Whaien v. Land (‘n__ 65 N. J. Law. 316. 47 -‘itl. 443. Dis<-oii- linuous. non-continumis. rvr non-npmirent easements are those the enjoymrnt of which can he hiid only by the interfereuie of man, as. :1 right of way or a right to draw water. Oiiterhriiize v. Phelps, 45 N. Y. Super. Ct. 570: Lnmpmnn r. Siilhs. 21 N. Y. 5i5. This distinction is (ii‘l‘i\T|'d from the French law. Eoscmt-nts iire iilso classed as private or juililic, the former bring an easement the enjoyment of which is rc.-ti'icted to one or 2: few individuals, while a public P.'I!r‘I'nFnl is one the right to the enjoiment of which is vested in the public generuily or in on entire community; such ns nn es e- inent of pnss'i_ee on the public streets and high- gntion on a stre-im. Kenneliy v. . rsey City. 5 N. J. Low. 2953. 30 Atl. 5’! . 26 L. R. A. ‘IE1: Nicoll v. Telephone Co., 6'2 l\’ T Law, 733. B At 93, 72 Am. St. Rep. They may also be her nf necessity or of willcniciirc. The former is the case where the easement is indispensable to the enjoyment of thc dominnnt estate; the latter, where the easement increases the fnciiity. comfort, or con- venience of the enjoy ment of the dominant estate or of some right connected with it Essements are again either agipurz-tenant or in grass. An appurtenant ensemcnt is one which is attflciicli to and passes with the dominant tenement ns iin nppiirteunncc thereof: while an easement in gross is not nppiiitcniint to nny ostnte in ianii (or not belonging to any person hr virtue of his ownership of an estate in land) but 11 more 1)el‘s0n.li interest in, or right to use. the innd of nnutlier. C:idw.ii:idei- v. Bailey H R. I. 495. ‘23 -\tl. 20. 14 L. It. A. 300; Pilliililli V. l?I:iu CL'1lre. 81 Wis. 301. 51 N, W. 550: Smiuil r. (‘oz-gins Granite Co.. 116 Go. 376, 42 S. E. 7.. . -—-Equitable easements. The special ense- nienrs crentcd by derivation of oiineiship of ad- jncent proprietors from 8 common source, viith specific intentions as to biiildin-:-i for certain purposes, or with implied 'pi'iViiE_L"L‘s in regard to certain uses, are . metiines so called. U. S. v. Pi-sihr (D. C.) Ii Fed. ]G —In1pl:led easements. An implied east-nie t is an easement resting upon the principle lluit, where the owner of two or more adjacent lots sells in part thereof. he grants by implication to the grantee nil those iimizirent and visible easements which are ne(--1 siiry for the reasonable use of the prop- erty granted, which at the time of the grant are used by the owner of the entirety for the benefit of the part granted. Fariev v. Howni-il. 33 Misc. Rep. 57. GS N. Y. Supp. 1!§9.—!nternittent easement. One iihich is usable or


409

EASTERLING

used only at times, and not continuously. Eat- on v. Hnilroad Co.. 51 N. H. 504. 12 Am. Rep. 147.—Qna.si easernent. An “easeinent." in the piuper sense of the word. can only exist in respect of too iidjoining pieces of innd occupied by different persons, and can only impose ll negative duty on the owner of the servient tenement. llence an obligation on the owner of hand to repair the fence between his and his neighbor's land is not B. true easement, but is sometimes called 9. “quasi easement." Gale, Ensein. 51G‘ SweeL—Secondnry easement. 0 e which is appurtenant to the primnry or uni eusenient: every easement includes such r-uni‘-ry ciisements," that is, the rizllt to do siiih ti n_.~ as are necessary for 1hr- full enjo'~

nt Ihr i-nsi-men! itself. Tnothe v ' 50 N J F4]. 589. 25 Atl. 1S‘7 North 1' Water Co. v. Edwards, 121 Col. i‘.n2, 54 Pm. lit).

-i


EAST. In the customs laws of the United States, the teim “countries cast of the Cape of 1:: ml llnpc“ nieiius IDllliti‘i(' with which, forinei‘l.V, the United States ordinarily carried on couiniertial intercourse by passing .‘l ml i'i'T (11-c l"ni\ei's V C0nllk‘_V. i01 U. S. 790. 25 L. Ed. 805.

EAST GBEENWIGH. The name of a royal manor in the county of Kent. Liiglzmd; mentioned in royal grants or patents, as descriptive of the tenure of free socsige.

EAST IITDIA COMPANY. The East F

Inilisi (‘iinipnuy uns originally estalbiished for |il'(.-.~€(.‘ll[ii']g the trade between Ei.igl:iuil and India, which they at-iluired 21 right to carry on exclusively Sinte the middle of the last

century. however, the companys D0ii(iC"li af- G

tnlrs had become of more lmpoit-inoe than their commerce. in 18558, by 2] at 22 \ ict c. 106, the government of the territories of the comp-lny was transferred to the crown. Wharton.

EASTER. A feast of the Christian church held In I|iBli.|l)l‘_V of our Szu-1our‘s resurrection. The Greeks and L3 tins tail it "p.'ischa," ipassni er.) to which Jewish feast our Easter answers. This feast has been annually celebrated siuce the time of the apostles, and is one of the most imporhiit fLst.i\".1is in the Christian calendar, being that which regulates and determines the times of all the other movable feasts. Enc. Loud

—Es.ste1--ofi’er-ings, or Easter-—¢1nes. In Engiisli law. Smiill sums of money paid to the parochial clergy by the parishioners iit lfliister as a iompeiiaition for persoml tithes, or the tithe for DE]?-Ilflfll iahor; overzihie under 7 (L 3 “’m. Ill. I‘ (3. before justices of the pun -. —En.ste1- terrn. In En"iish inn‘. four terms of the couits. It is now u F.‘L‘d term. bi---inning on the lfitb of A[i1il and mu! ug on the \th of iiiay in every yeur. though soul»- (inns pi-oionpnil so late as the 13th at M-" under St. 11 Geo. I\'. (ind 1 Wm. IV. C. I . Flom November 2, 1875, the division of the le-

gsi yenr into terms is nholished so for as r-on- L

cerns the ndininistrntion of justice. 3 Staph.

Comm. 482-466; Moziey & Whitley.

EASTEBLING. A coin struck by Rich- nrii II, which is suppi ved to have given tine to the n.inJe of “sterllng," as nppiied to Eug-

iish niuuey. xii

One or the