Essoin

or ESSOIGN.

In old English law. An excuse for not appearing in court at the return of the process; presentation of such excuse. Spelman; 1 Sellon, Prac. 4; Comjm, Dig. "Exoine" (B 1). Essoin is not now allowed at all in personal actions. 2 Term R. 16; 16 East, 7 (a); 3 Sharswood, Bl. Comm. 278, note.

ESSOIGN. In Old English Law. An excuse for not appearing in court at the return of the process. Presentation of such excuse. Spelman, Gloss.; 1 Sell. 1'r. A. Dig. Exoine, B 1. Essoin is not now allowed at all in personal actions. 2 Term 10; 3 Bla. Com. 278, il #

n.

In old English law. An excuse for not appearing in court at the return of the process. Presentation of such excuse. Spelman; 1 Sel. Pr. 4; Com. Dig. "Exoine," B 1. Essoin is not now allowed at all In personal actions. 2 Term, 16; 16 East, 7o; 3 Bl. Comm. 278, note.

— Essoin day. Formerly the first general return-day of the term, on which the courts sat to receive essoins, i. e., excuses for parties who did not appear in court, according to the summons of write. 3 Bl. Comm. 278; Boote, Suit at Law, 130; Gills Com. Pi. 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 term.

— Essoin de malo villæ. 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 essoiners, who openly protest in court that he is detained by sickness in such a village, that he cannot come pro luorari and pro perdere; and this will be admitted, for it Iieth on the plaintiff to prove whether the essoin is true or not. Jacob.

— Essoin roll. A roil upon which essoins were formerly entered, together with the day to which they were adjourned. Boote, Snit at Law, 130; Rose. Real Act 162, 163 ; Gilb. Com. PI. 13.

v. In old English practice. To present or offer an excuse for not appearing in court on an appointed day in obedience to a summons; to cast an essoin. Spelman. This was anciently done by a person whom the party sent for that purpose, called an "essoiner."

In English law. court on an appointed essoin.

mn. Inold English law. An excuse for not appearing in court at the return of the process. Presentation of such excuse, Spelman; 1 Sel, Pr. 4; Com. Dig. “ Exoine,” B 1. ssoin is not now allowed at all in personal actions. 2 Term 16; 16 East, 7a; 8 B). Comm. 278, note.

Essoign. [L. Fr. essoins, essoyne, ezoine, asoyne, assoigne; L. Lat essonium,exonium, from Fr. essonier, (which from ex, priv. and soign, care), to excuse, to relieve from care; or from Gr. Kdfivvadat, to excuse on oath; (from i(, from, and Ifivvfu, to swear.) Spelman!] In English practice. An excuse for. not appearing in court, at the return of process; the exhibition or presentation of such excuse to the court; {ipsa exctisatio, ejusdernqtie exkibitio,) Spelman voc. JSssoniare, Britt c. 122. Boscoe's Real Act, 156. Formerly allowed both to the plaintiff and defendant, (though generally the latter,) in real, personal and mixed actions. Co.IAttXZl. Com. Dig. Exoine, B. I. Bootees Suit at Law, 56, 57. OUb. C. PUas, 12, 13. The excuses or essoins which were allowed to be offered were five, viz.: that the party was (1) in the king's service, (Lat. in servitio regis; Fr. en service del roy; called simply servitium regis;) (2) in the holy land; (Lat. in terra sancta, or in terrain sanctam; called simply terra sancta: Fr. a la terre seynte:) (3) beyond sea, (Lat. trans or ultra mare, Fr. outre meer, or ouster le mer:) (4) ill in bed; (called malum lecti; Fr. mal de lyt; illness in bed:) and (5) prevented by misfortune happening on the v Hiy to the court, (called malum vice; Fr. mal de venue;) which last was the common essoin. Hence the technical names of the essoins; (1) De servitio regis, or de service del roy: (2) De terra sancta, or de terre seynte: (S) De ultra m^re, or de outre m£er: (4) De malo lecti, or de mal de lyt: and (5) De malo veniendi or de mal de venue, qq. V.) Glanv. lib. 1. Bract, lib. 6, tr. 2. Bi ^ritt. cc. 122—125. 1 Beeves' Hist. 405, et. seq. 2 Id. 122, 303. All these, except the last, have long been obsolete, and no essoin is now allowed in personal actions. Roscoe's Real Act. 163. 2 Term R. 16. 16 East's R. 7 note (a). In real actions, essoins are stilt allowed in England. 3 Steph, Com. 659. See 10 Bing. 65. To ESSOIN. [L. Fr. essoyner, essonier; L. Lat. essoniare^ In English practice. To present or offer an excuse for not appearing in court on an appointed day, in obedience to a summons; to cast an essoin. Spelman, voc. Essoniare. This was anciently done by a person whom the party sent for that purpose, called an essoiner, {esstmiator;) and who, according to Bracton, presented the excuse in this form: Essonio talem dominum meum, quod cum esset in veniendo versus curiam, talis infirmitas ac" cedit ei per viam, quod venire non potest pro lucrari, nee pro perdere; et hocparatus sum docere, sicut curia consideraverit, &c. I essoin such a one, my master, that while he was coming towanls the court, such an infirmity happened to him by the way, that be cannot come, either to gam or lose; and this I am ready to show, or prove, as the court shall consider, dec. Bract, fol. 340.

practice, is an excuse which a party bound to be in court on a particular day, offers for not being there. 1 Sell. Pr. 4; Lee’s Dict. h. t. Essoin-day is the day on which the writ is returnable.