Page:Ruffhead - The Statutes at Large, 1763.djvu/102

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56
C. 42–45.
Anno tertio Edwardi I.
A.D. 1275

CAP. XLII.
Certain Actions wherein after Appearance the Tenant shall not be essoined.

[1]FOrasmuch as in a Writ of Assise, Attaints, and Juris utrum; the Jurors been often troubled by reason of the Essoins of Tenants; it is provided, That after the Tenant hath once appeared in the Court, he shall be no more essoined, but shall make his Attorney to sue for him, if he will; [2]and if not, the Assise or Jury shall be taken through his Default.

See 13 Ed. 1. stat. 1. c. 27 & 28. which takes Essoin from Demandants also. Likewise 6 Ed. 1. c. 8 & 10.  13 Ed. 1. c. 17.  12 Ed. 2. stat. 2.  5 Ed. 3. c. 6.  9 Ed. 3. c. 3. for farther Regulations of Essoins.

  1. ↑ Fitz. Essoin, 52, 55, 56, 63, 64.; 52 H. 3. c. 13 & 20.
  2. ↑ 2 Inst. 248.

CAP. XLIII.
There shall be no Fourcher by Essoin.

[1]FOrasmuch as Demandants be oftentimes delayed of their Right, by reason that many Parceners be Tenants, of which none may be compelled to answer without the other,  (2) or there may be many jointly infeoffed (where none knoweth his several) and such Tenants oftentimes fourch by Essoin, so that every of them hath a several Essoin; it is provided, That from henceforth such Tenants shall not have Essoin, but at one Day, no more than one sole Tenant should have; [2]so that from henceforth they shall no more fourch, but only shall have one Essoin.

Confirmed by 6 Ed. 1. stat. 1. c. 10. and extended to where a Man and his Wife are impleaded.

  1. ↑ Hob. 8, 46.; Fitz. Essoin, 82, 119.; Fitz. Fourcher, 3, 4, 10, 13, 14.; Bro. Fourcher, 20.
  2. ↑ 2 Inst. 250.

CAP. XLIV.
In what Case Essoin ultra mare shall not be allowed.

[1]FOrasmuch as divers Persons cause themselves falsly to be essoined (for being over the Sea) where indeed they were within the Realm the Day of the Summons; it is provided from henceforth, That this Essoin be not always allowed, if the Demandant will challenge it, and will be ready to aver that he was in England the Day of Summons and three Weeks after;  (2) but shall be adjourned in this Form: That if the Demandant be ready at a certain Day, by Averment of the Country, or otherwise as the Court shall award, to prove that the Tenant was within the four Seas the Day that he was summoned, and three Weeks after, so that he might be reasonably warned by the Summons, the Essoin shall be turned into a Default;  (3) and that is to be understanden only before Justices.

See the References in the foregoing Chapters.

  1. ↑ 2 Inst. 151.

CAP. XLV.
In what Cases the great Distress shall be awarded. Where the Justices Estreats shall be delivered.

[1]COncerning Delays in all Manner of Writs and Attachments, it is thus provided, That if the Tenant or Defendant, after the first Attachments returned, make Default, that incontinent the great Distress shall be awarded;  (2) and if the Sheriff do not make sufficient Return by a certain Day, he shall be grievously amerced;  (3) and if he return, that he hath done Execution in due Manner, and the Issues delivered to the Sureties, then the Sheriff shall be

  1. ↑ 2 Inst. 254.
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