Essoin Day
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
Formerly the first general return-iay of the term, on which the courts sat to receive essoins, é. e., exeuses for parties who did not appear in court, according to the summons of writs.
8 BI. Comm. 278; Boote, Suit at Law, 130; Gilb. Com. Pj. 13; 1 Tidd, Pr. 107. But, by St. 11 Geo. IV. and 1 Wm. IV. c.
70, § 6, these days were done away with, as a part of the ESSOIN DE MALO VILLA is when the defendant is in court the first day; but gone without pleading, and being afterwards surprised by sickness, etc., cannot attend, but sends two essviners, who openly protest in court that he is detained by sickness in such a village, that he cannot come pro dueraré and pro perdere; and this will be admitted, for it lieth on the plaintiff to prove whether the essoin is true or not.
Jacob.