When, therefore, the Demandant offers himself in Court on the appointed
day, the first inquiry is, whether the Sheriff has the Summoners, and
the Writ there present or not; if he have, and the Summons be proved,
the Suit must be proceeded in, in the manner we have mentioned. But, if
the Sheriff should neither be present on that day, nor appear within
the fourth day, to which time the Tenant must be awaited, then let the
Sheriff be again commanded by the King’s Writ, to summon the Tenant,
concerning the principal cause, by a Writ of second Summons, and that
he himself appear to shew why he neglected to make the Summons, as
enjoined him by the first Writ. The Writ of second Summons contains
that which first issued, with the addition of the following clause:
“_and be you yourself then there present to shew wherefore you did
not summon him, as it was commanded you by my other Writ, and have
there this Writ, and that other Writ_.” At the day appointed, the
Sheriff appearing, either says that he executed the King’s precept, or
confesses that he has not done it.
Should he acknowledge the latter, then he shall be amerced to the King.
But, in this case, the Demandant shall lose his first day, and the
Tenant must be again summoned. But should the Sheriff allege that he
had injoined lawful Summoners to execute the first Summons—and they,
being present, acknowledge the fact, then not only the Sheriff, but the
Summoners shall be amerced,[75] if they have not executed such Summons
as it was their duty to do; and thus again the first day will become
useless to the Demandant.
[Footnote 75: It should rather seem that in Bracton’s time the
Summoners only would be amerced. (Bracton 336. a.)]
Public-domain text, read in full here on John Shaqi.
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