-

EACH - EARNEST

EACH. — A gift to "each" of two or more persons, or to "each of their respective heirs " (Gordon v. Atkinson, 1 D. G. & S. 478: Cp, Doe d. Littlewood v. Green, Ex p. Tanner, and Re Atkinson all cited RESPECTIVE: Vf 2 Jarm. 257), creates a Tenancy in Common. That proposition is not in controversy; but on another point Gordon v. Atkinson is hardly in agreement with the other cases. There the direction was "to pay, assign, and transfer," moneys, &c, to four persons "and to each of their respective heirs, exs, ads, and assigns." That, Knight-Bruce, V. C., held was an absolute Tenancy in Common; whereas on similar, but not identical, words in Doe d. Littlewood v. Green and Ex p. Tanner, the ruling was that the named donees took as Joint Tenants for life, with remainder to their heirs, &c, in Common. In Re Atkinson, North, J., followed these two latter cases and explained Gordon v. Atkinson, on its slight difference in language; for "if money is to be paid to persons who take no absolute interest, it is difficult to see how you can pay to them as Joint Tenants." Vf Pay.

As to effect of "each" in a contract or bond; V. Mathewson's Case, 5 Rep. 22: Collins v. Prosser, 1 B. & C. 682: Armstrong v. Cahill, 6 L. R. Ir. 440: Re Boulton and Cullingford, 37 S. J. 25, 248.

The Scale Fee for Lease, Sch 1, Part 2, Solrs Rem Ord, of £2.10.0 "in respect of each subsequent £100 of rent," applies only to every full £100 of rent, and nothing can be charged thereunder for an amount of rent less than £100; for the words "per cent" are omitted in this place (Re McGarel, 1897, 1 Ch. 400; 66 L. J. Ch. 185; 76 L. T. 70; 45 W. R. 321).

Preference Dividend "out of Profits in each Year"; V. CUMULATIVE.
Remuneration to Directors of so much "in each year "; V. YEAR.
Cp, EITHER: EVERY.

EARNED.

A Commission to be paid on all "Hire earned," e.g. by a Ship, means only upon the Hire actually earned; and, if there be no Wilful Default by the person who is to pay the commission, he will not be liable if events happen which prevent hire from being earned (White v. Turnbull, 78 L. T. 727; 8 Asp. 406; 3 Com. Ca. 183).

V. EARNINGS.

EARNEST. For the derivation, history, and effect of the "Earnest" of a Bargain; V. jdgmt of Fry, L. J., Howe v. Smith, 53 L. J. Ch.

EARNEST

594

EASEMENT

1061; 27 Ch. D. 89. Va DEPOSIT. Giving an Earnest to bind a bargain, s. 17, Statute of Frauds, repld s. 4 (1), Sale of Goods Act, 1893, connotes an overt Act; resigning a debt, or verbally discharging a liability, is not such an Earnest, or Part Payment (Walker v. Nussey, 16 M. & W. 302; 16 L. J. Ex. 120: Norton v. Davison, 1899, 1 Q. B. 401; 68 L. J. Q. B. 265). V. ARGENTUM DEI.

"It is my Earnest Hope and I particularly request" non-alienation, when added to a devise in fee, does not qualify, but is repugnant to, the devise (Hood v. Oglander, 34 L. J. Ch. 528; 34 Bea. 513).

EARNINGS. "Earnings and property," s. 21, 20 & 21 V. c. 85, means honest earnings, not the wages of prostitution (Mason v. Mitchell, 34 L. J. Ex. 68; 3 H. & C. 528; 29 J. P. 119).

Earnings," s. 3, Employers' Liability Act, 1880, means, money or MONEY'S WORTH, e.g. rent, food, and clothes, but not so vague a thing as an apprentice's tuition (Noel v. Redruth Foundry Co, 1896, 1 Q. B. 453; 65 L. J. Q. B. 330; 74 L. T. 196; 44 W. R. 407: Pomphrey v. Southwark Press, cited PARTIAL INCAPACITY). Deductions from wages, e.g. 6d. a week from those of a Miner for the oil for his working lamp, are not to be allowed in ascertaining "Earnings," quà Workmen's Comp Act, 1897 (Houghton v. Sutton Heath Co, 83 L. T. 472). If, AVERAGE WEEKLY EARNINGS.

Earnings," s. 2, M. W. P. Act, 1882; V. Re Poole, 46 L. J. Ch. 803; 6 Ch. D. 739.

V. EARNED: PERSONAL LABOUR: INCOME: PROFITS.

EARTH.

:

"As the Heavens are the habitation of Almightie God, so the Earth hath He appointed as the suburbs of heaven to be the habitation of man: Cœlum cœli domino terram autem dedit filiis hominum, Psal. cxv. 16" (Co. Litt. 4 a).

"Earth

EARTH CLOSET.. Quà P. H. Ireland Act, 1878, Closet' includes any place for the reception and deodorization of fæcal matter, constructed to the satisfaction of the Sanitary Authority" (s. 46). V. SUFFICIENT PRIVY.

EARTHENWARE. "Earthenware Works"; V. Sch 4, Part 1, 41 V. c. 16, repld, Sch 6, s. 3, Factory and Workshop Act, 1901: NONTEXTILE FACTORIES.

EASE.. Chapel of Ease; V. Cowel: Line v. Harris, 1 Lee Ecc. 155. EASEMENT.-"Easement,' is a privilege that one neighbour hath of another, by Writing or Prescription, without profit; as a WAY, or Sink through his land or such like" (Termes de la Ley, cited by Bayley, J., Hewlins v. Shippam, 5 B. & C. 229, 230).

The strict sense and proper use of "Easement" implies "a Dominant Tenement in respect of which the easement is claimed and a Servient

EASEMENT

595

EASEMENT

Tenement upon which the right claimed is exercised" (per Coleridge, C. J., Hawkins v. Rutter, 1892, 1 Q. B. 671; 61 L. J. Q. B. 146; 40 W. R. 238: Vf, Mounsey v. Ismay, 34 L. J. Ex. 52; 3 H. & C. 486). "Easements," s. 2, Prescription Act, 1832, has been said to be confined to easements analogous to rights of Way and Water (per Erle, C. J., Webb v. Bird, 30 L. J. C. P. 387); but that dictum was disapproved by Selborne, C., in Dalton v. Angus (50 L. J. Q. B. 733, 734: Vƒ, Lemaitre v. Davis, 51 L. J. Ch. 173; 19 Ch. D. 281: Bass v. Gregory, 59 L. J. Q. B. 574; 25 Q. B. D. 481: Simpson v. Godmanchester, 1896, 1 Ch. 214; 1897, A. C. 696; 64 L. J. Ch. 843; 65 Ib. 154; 66 Ib. 770); but as used in this section the word does not apply to Light, which is governed entirely by s. 3 and the subsequent sections which have to be read therewith (Perry v. Eames, 1891, 1 Ch. 658; 60 L. J. Ch. 345; 39 W. R. 602: Wheaton v. Maple, 1893, 3 Ch. 48; 62 L. J. Ch. 963; 41 W. R. .677: Vƒ OTHER). So an easement to be within the section must be one of Utility and Benefit, and not of mere Amenity, e.g. a Prospect, nor Indefinite, such as the access of air to a windmill, a chimney, or to an open structure for storing timber (Webb v. Bird, 30 L. J. C. P. 384; 31 Ib. 335; 10 C. B. N. S. 268; 13 Ib. 841: Bryant v. Lefever, 48 L. J. C. P. 380; 4 C. P. D. 172: Dalton v. Angus, 50 L. J. Q. B. 689; 6 App. Ca. 740: Harris v. De Pinna, 56 L. J. Ch. 344; 33 Ch. D. 238; 54 L. T. 770; 50 J. P. 486. Vƒ, Add. T. 299, 325: Rosc. N. P. 806), nor a CUSTOM (Mounsey v. Ismay, sup).

Easement,” s. 55, Landed Estates Court (Ir) Act, 1858, 21 & 22 V. c. 72, is used in a popular, and not in its strict, sense, and includes a PROFIT À PRENDRE, e.g. a Right to a Several Fishery (Hamilton v. Musgrove, Ir. Rep. 6 C. L. 129).

"Easements," s. 20, Artizans and Labourers Dwellings Improvement Act, 1875, 38 & 39 V. c. 36, means, easements of every kind (Badham v. Marris, 45 L. T. 579; 52 L. J. Ch. 237: Swainston v. Finn, 52 L. J. Ch. 235), including the right to Light (Barlow v. Ross, cited RIGHTS).

"Easement," s. 60, Co. Co. Act, 1888, is used in its strict sense, and does not include a public Right of Navigation (Hawkins v. Rutter, sup). Vf, Howorth v. Sutcliffe, 1895, 2 Q. B. 358; 64 L. J. Q. B. 729; 44 W. R. 33; 73 L. T. 277; 59 J. P. 678.

Parliamentary running powers over a railway, are not an "Easement" (per Jessel, M. R., G. W. Ry v. Swindon Ry, 52 L. J. Ch. 314, 317; secus, per Cotton, L. J., Ib. 320; Va, per Bowen, L. J., Ib. 321, 322: Vthe in H. L. 53 L. J. Ch. 1075; 9 App. Ca. 787).

A statutably authorised Ry Tunnel under a public street, is not a mere Easement but, is an HEREDITAMENT within s. 4, Land Tax Act, 1797, 38 G. 3, c. 5 (Metrop Ry v. Fowler, 1893, A. C. 416; 62 L. J. Q. B. 553; 69 L. T. 390; 42 W. R. 270); secus, of the Mains of a Water Co (Chelsea W. W. Co v. Bowley, 17 Q. B. 358; 20 L. J. Q. B.

EASEMENT

A limited right to use of Gaspipes for supply of gas to Customers, is an Easement and is not assessable to the Poor Rate (Southport v. Ormskirk, 1894, 1 Q. B. 196; 63 L. J. Q. B. 250; 69 L. T. 852; 42 W. R. 153; 58 J. P. 212). Vf EXCLUSIVE OCCUPATION.

Necessary Easement; V. NECESSARY.

Contract to sell land" subject to rights of Way and other Easements"; V. Re Hughes and Ashley, cited WAYS.

Vh, Gale on Easements: Goddard on Easements: Watson Eq. 139 et seq: 4 Encyc. 370-375. Cp LICENSE.

"Easement," in the application of Acts to Scotland, is sometimes interpreted to mean, "Servitude," e.g. 35 & 36 V. c. 68, s. 15; 55 & 56 V. c. 31, s. 21 (6).

EAST AFRICAN COURTS.

Stat. Def., 42 & 43 V. c. 38, s. 2.

EAST INDIA."The East India Company (Money) Acts, 1786 to 1858"; V. Sch 2, Short Titles Act, 1896.

'The East India Loans Acts, 1859 to 1893 "; V. Ib.

"East India Stock," as used in s. 32, 22 & 23 V. c. 35, explained by s. 1, 30 & 31 V. c. 132: Other Stat. Def., 36 & 37 V. c. 17, s. 2. Scot. 47 & 48 V. c. 63, s. 2. V. INDIA.

"Limits of East India Company's Charter"; V. 16 & 17 V. c. 107, s. 357.

EAST INDIES. The Mauritius is not in the East Indies, nor is it an East Indian Island (Robertson v. Clarke, 1 Bing. 445).

Quà Post Office (Offences) Act, 1837, 1 V. c. 36, "East Indies,' shall mean every port and place within the territorial acquisitions now vested in the East India Company in trust for Her Majesty, and every other port or place within the limits of the Charter of the said Company (China excepted), and shall also include the Cape of Good Hope " (s. 47).

EASTER. V. MICHAELMAS.

EASY TERMS. - A representation that money will be lent on 'Easy Terms" which in fact is lent on hard terms, throws on the lender the burden of showing that, before making the loan, he had removed from the borrower's mind the impression created by the representation, and had clearly explained to him the terms on which the loan would be made (Moorhouse v. Wolfe, 46 L. T. 374). In Helsham v. Barnett (21 W. R. 309), Malins, V. C., said, "Easy Terms" "meant not more than 10 per cent." Cp, Gordon v. Street, 1899, 2 Q. B. 641; 69 L. J. Q. B. 45; 81 L. T. 237; 48 W. R. 158; followed in Levin v. O'Keeffe, 1900, 2 I. R. 628.