Earldom

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

EARNEST, contracts , is the pay-
ment of a part of the price of goods
sold, or the delivery of part of such
goods, for the purpose of binding the
contract.

2. — The efTect of earnest is to bind
the goods sold, and upon their being
paid for without default, the buyer is
entitled to them. Rut notwithstanding
the earnest the money must be paid
upon taking away the goods, because
no other time for payment is appointed ;
earnest only binds the bargain, and
gives the buyer a right to demand, but
a demand without payment of the
money is void ; after earnest given the
vendor cannot sell the goods to another,
without a default in the vendee, and
therefore if the latter docs not come
and pay, and take the goods, the ven-
dor ought to go and request him, and
then if he does not come, pay for the
goods and take them away in conve-
nient 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 ease-
ment is defined to Ijc a liberty, privi-
lege or advantage, which one man may

have in the lands of another, without
profit; it may arise by deed or pre-
scription. 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 incorporeal heredita-
ment, and corresponds nearly to the
servitudes or services of the civil law.
Vide Lilly’s Reg. h. t. ; 3 Kent, Com.
344 ; Cruise, Dig. t. 31, c. 1, s. 17 ; 2
Hill. Ab. c. 5; 9 Pick. R. 51 ; 1 Bail.
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 fixed term beginning on the 15th
of April and ending the 8th of May in
every year. It was formerly a mova-
ble term.