Should it upon any of these occasions happen, that the party himself
should answer in Court, and whilst he was present, a future day should
have been appointed him; if, at that day, he neither come nor send
an Attorney, let his land be taken into the King’s hands, and let him
be debarred the power of replevying it. And he shall be summoned to
appear and hear the judgment at an appointed day—and thus, whether he
appear or not, he shall lose the Seisin, on account of his default;
because he cannot afterwards deny the summons, unless by the King’s
Writ, which he should forthwith produce, and by which he may save his
default. But although on any of the days appointed for his appearance,
the Tenant should answer in Court, if he lawfully depart, he may recur
to his three Essoins, unless he has precluded himself by an agreement
to waive them. If, on the first day, the party should essoin himself,
but, on the second, should neither appear nor essoin himself, let the
Sheriff be commanded to attach the Essoiner, as a defaulter, and for
this purpose let the foregoing Writ be directed to him.
CHAP. XXII.
But it should be observed, that when a party to a suit has Essoined
himself, the Essoiner may also avail himself of a reasonable Essoin.
For if any one desirous of casting a reasonable Essoin, should
commission a person for this purpose, and the Essoiner meets with
some reasonable impediment in the way, by which he is prevented being
present at the appointed day, he shall be awaited until the fourth day,
as his Principal would have been; and if within that period he appear,
his Essoin shall be received, on whatever day he should come; and he
may thus save the days which are past for the same causes for which his
principal[67] could.
[Footnote 67: _The Tenant_, according to Dr. Milles’s MS.]
CHAP. XXIII.
The principal Essoiner is also at liberty, if so disposed, to essoin
himself by another Essoiner. In this case the second Essoiner must
state to the Court, that the Tenant, having a just cause of Essoin,
had been detained, so that he could not appear at the day appointed,
neither to lose nor gain, and that, therefore, he had appointed a
certain other person to essoin him; and that the Essoiner himself had
met with such an impediment, which had prevented his appearance on that
day:—and this he is prepared to prove according to the practice of
the Court. By these means, such Essoiner shall be received, and a day
shall be granted to the Tenant, through the medium of such Essoiner,
upon his undertaking to produce his Warrantor on such a given day, when
the Tenant ought to guarantee his principal Essoiner, and to prove his
Essoin in the usual manner. In the same manner, the first Essoiner is
to guarantee the second, unless on the first day he himself has proved
his Essoins, upon the requisition of the adverse party.
CHAP. XXIV.
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