[001] record nor raise a presumption by himself. It may be lawful ab initio yet insufficient [002] ex post facto, proof having failed, when the summoners, under examination, do not [003] agree in their proof, nor will it be necessary to deny such summons by wager of law [004] since it is, so to speak, void. A summons is completely faulty that is made fraudulently [005] by the demandant's deceit by means of feigned summoners, not by the sheriff [006] and his bailiffs. And so when it is made in the tenant's absence, when he has gone [007] on a journey overseas or to remote parts, [when he is on the journey and has begun [008] it, so that the citation or summons does not catch him at home,] or1 is not found [009] by the summoners within the county where the summons is required to be made, [010] for the summons does not bind him if he is found outside the county, because he is [011] not bound to receive it everywhere nor from everyone, but only from bailiffs and [012] when they have a warrant for summoning. A summons may also be lawful but the [013] day or interval unlawful, if it does not provide a lawful time, [that is], if it is challenged, [014] otherwise not, as below.
Volume 4, Page 70
Next