ESSENCE

That which is tndispensable to that of which lt is the e ence. -E ence of the contract. An;v condition or stirmlation in a contract which 1s mutually understood and agreed by the parties to be of such vital importance that a sufficient performance of the contract cannot be had without exact compliance with it is said to be "of the e ence of the contract." ESSENDI QUIETUM DE.TOLONI0. A writ to be quit of toll; it lies for citizens and burge es of any city or town who, by charter or prescription, ought to be exempted from toll, where the same is exacted of them. Reg. Orig. 258. ESSOIN, 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 e oin. Spelman. This was anciently done by a person whom the party sent for that purpose, called an "e oiner." ESSOIN, n. In old English law. An excuse for not appearing in court at the return of the proce . Presentation of such excuse. Spelman; 1 Sel. Pr. 4; Com. Dig. "Exoine,", B 1. E oin is not now allowed at all in personal actions. 2 Term, 16; 16 East, 7a; 3 Bl. Comm. 278, note. -E oin day, Formerly the first general return-day of the term, on which the courts sat to receive e oins, i. e., excuses for parties who did not appear in court, according to the sum• mons of writs. 3 Bl. Comm. 278; Boote, Suit at Law, 130; Gilb. Col)l. Pl. 13; 1 Tidd, Pr. 107. But, by St. 11 Geo. IV. and 1 Wm. IV. c. 70, § 6, these days were done away with; ~s a part of the term.-E oin de malo villre 1s •when the defendant is in court the -first day; but gone without pleading, and being afterwards surprised by sickne , etc., cannot attend, hut sends two e oiners, who openly:protest in court that he-is detained by.sickne m ·sucli a [s. 444]