英文法律词典 E-1

E CONVERSO. On the other side or hand; on the contrary.

E PLURIBUS UNUM. One from more. The motto of the arms of the United States.

EAGLE, money. A gold coin of the United States, of the value of ten dollars. It weighs two hundred and fifty-eight grains. Of one thousand parts, nine hundred are of pure gold, and one hundred of all Act of January 18, 1837, 4 Sharsw. Cont. of Story's L. U. S. 2523, 4. Vide Money.

EAR-WITNESS. One who attests¹ to things he has heard himself.

EARL, Eng. law. A title of nobility next below a marquis and above a viscount.

2. Earls were anciently called comites, because they were wont² comitari regem, to wait upon the king for counsel and advice. He was also called shireman, because each earl had the civil government of a shire.

3. After the Norman conquest they were called counts, whence the shires obtained the names of counties. They have now nothing to do with the government of counties, which has entirely⁴ devolved on the sheriff, the earl's deputy, or vice³ comes.

EARLDOM. The seigniory of an earl; the title and dignity of an earl.

EARNEST, contracts. The payment of a part of the price of goods sold, or the delivery of part of such goods, for the purpose of binding⁶ the contract.

2. The effect of earnest is to bind⁵ the goods sold, and upon their being paid for without default, the buyer is entitled to them. But notwithstanding the earnest, the money must be paid upon taking away the goods, because no other time for payment is appointed; earnest only binds⁷ the bargain, and gives the buyer a right to demand, but a demand without payment of the money is void; after earnest given the vendor⁸ cannot sell the goods to another, without a default in the vendee, and therefore if the latter does not come and pay, and take the goods, the vendor ought to go and request him, and then if he does not come, pay for the goods and take them away in convenient time, the agreement is dissolved, and he is at liberty to sell them to any other person. 1 Salk. 113: 2 Bl. Com. 447; 2 Kent, Com. 389; Ayl. Pand. 450; 3 Campb. R. 426.

EASEMENTS, estates. An easement is defined to be a liberty privilege or advantage, which one man may have in the lands of another, without profit; it may arise by deed or prescription⁹. Vide 1 Serg. & Rawle 298; 5 Barn. & Cr. 221; 3 Barn. & Cr. 339; 3 Bing. R. 118; 3 McCord, R. 131, 194; 2 McCord, R. 451; 14 Mass. R. 49 3 Pick. R. 408.

2. This is an incorporeal¹⁰ hereditament, and corresponds nearly to the servitudes or services of the civil law. Vide Lilly's Reg. h. t. 2 Bouv. Inst. n. 1600, et seq.; 3 Kent, Com. 344: Cruise, Dig. t. 31, c. 1, s. 17; 2 Hill. Ab. c. 5; 9 Pick. R. 51; 1 Bail¹¹. R. 56; 5 Mass. R. 129; 4 McCord's R. 102; Whatl. on Eas. passim; and the article Servitude.

EASTER TERM, Eng. law. One of the four terms of the courts. It is now a fixed¹² term beginning on the 15th of April and ending the 8th of May in every year. It was formerly¹³ a movable term.

EAT INDE SINE DIE. Words used on an acquittal, or when a prisoner is to be discharged, that he may go without day, that is, that he be dismissed. Dane's Ab. Index, h. t.