Blacks Law Dict. 1st ed

EASEMENT

405

EAR-MARK

services or labor without the aid of capital. 20 Wis. 330. See, also, 46 N. H. 48. "Gross" earnings are the total receipts be fore deducting expenditures. "As a general proposition, net earnings are the excess of the gross earnings over the expenditures defrayed in producing them, asidefiom, and exclusive of, the expenditure of capital laid out in con structing and equipping the works them selves." 99 U. S. 420. See, also, 44 Ohio St. 315, 7 N. E. Rep. 139; 54 Conn. 168, 5 AtJ. Rep. 851. "Surplus" earnings of a company or cor poration means the amount owned by the company over and above its capital and actual liabilities. 76 N. Y. 74. EARTH. Soil of all kinds, including gravel, clay, loam, and the like, in distinction from the firm rock. 75 N. Y. 76. EASEMENT. A right in the owner of one parcel of land, by reason of such owner ship, to use the land of another tor a special purpose not inconsistent with a general prop erty in the owner. 2 Washb. Real Prop. 25. A privilege which the owner of one adja cent tenement hath of another, existing in respect of their several tenements, by which that owner against whose tenement the priv ilege exists is obliged to suffer or not to do something on or in regard to his own land for the advantage of him in whose land the privilege exists. Termes de la Ley. A private easement is a privilege, service, or convenience which one neighbor has of another, by piescription, grant, or necessary implication, and without profit; as a way over his land, a gate-way, water-course, and the like. Kitch. 105; 3 Cruise, Dig. 484. The land against which the easement or privi lege exists is called the "servient" tenement, and the estate to which it is annexed the "dominant" tenement; and their owners are called respective ly the "servient" and "dominant" owner. These terms are taken from the civil law. At the present day, the distinction between an "easement" and a "license" is well set tled and fully recognized, although it be comes difficult in some of the cases to dis cover a substantial difference between them. An easement, it has appeared, is a liberty, privilege, or advantage in land, without profit, and existing distinct from the owner ship of the soil; and it has appeared, also, that a claim for an easement must be found ed upon a deed or writing, or upon prescrip tion, which supposes one. It is a permanent interest in another's land, with a right to en joy it fully and without obstruction. A

*nd literally, a mark upon the ear; a mode of marking sheep and other animals. Property is said to be ear-marked when it can be identified or distinguished from other property of the same nature. Money has no ear-mark, but it is an ordi nary term tor a privy maik made by apy one on a coin. 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, now the third, ranking between a marquis and a viscount, and cor responding with the French "comte" and the German "graf." The title oiiginated with the Saxons, and is the most ancient of the English peerage. William the Conqueror first made this title heieditary, giving it in fee to his nobles; and allotting them for the support of their state the third penny out of the sheriff's court, issuing out of all pleas of the shire, whence they had their ancient title "shiremen." At present the title is accom panied by no tenitory, private or judicial rights, but merely confers nobility and an hereditary seat in the house of lords. Whar ton. EARL MARSHAL OP ENGLAND. A great officer of state who had anciently several courts under his jurisdiction, as the court of chivalry and the court of honor. Under him is the herald's office, or college of arms. He was also a judge of the Marshalsea court, now abolished. This office is of great antiquity, and has been for several ages hereditary in the family of the Howards. 3 Bl. Comm.68,103; 3Steph. Comm. 335, note. EARLDOM. The dignity or jurisdiction of an earl. The dignity only remains now, as the jurisdiction has been given over to the sheriff. 1 Bl. Comm. 339. EARLES-PENNY. Money given in part payment. See EAKNEST. EARNEST. The payment of a part of the price of goods sold, or the delivery of part of such goods, for the purpose of binding the contract. 108 Mass. 54. A token or pledge passing between the par ties, by way of evidence, or ratification of the sale. 2 Kent, Comm. 495, note. EARNINGS. This tei m is used to denote a larger class of credits than would be in cluded in the term " wages." 102 Mass. 235; 115 Mass. 165. The g.uns of the person derived from his

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