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Southwark Fire, Property Disputes Act 1677
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III.Their Summons of Parties and Witnesses how to be granted;and how to be served; upon Appearance or Default, may proceed to determine.
If Persons cannot be found to be summoned, no Proceedings till after Six Months;Proviso.
And for the better enableing the said Court to proceede with effectct; in the said Causes Bee it further enacted by the authority aforesaid That upon the Petition or Complaint made to the said Court in writeing by any person or persons Bodyes pollitique or corporate any [X1wayes] concerned in the Premisses That it shall and may be lawfull for any three of the said Justices and Barons and persons abovenamed whether then sitting in Court or out of Court to grant Summons in Writeing to be directed to the party or partyes therein mentioned and alsoe to any Wittnesse or Wittnesses to be and appeare before the said Court at a day therein to be prefixed the Service whereof in such manner and forme as is usually allowed to be a good Service in cases of Subpena shall be accounted to be a good Service in the Cases aforesaid, and that upon appearance or default of any person or persons Bodyes pollitique or corporate interessed in any manner as aforesaid upon Oath thereof made before the said Court, the same Court shall and may notwithstanding proceede to the determination of such Controversy or Demam Saveing alwayes that when any person or persons soe to be summoned at the time of the issueing of such Summons shall be beyond the Seas or cannot be found to be summoned that noe proceedings shall be thereupon had untill after six moneths then next following, and then (Oath being made of endeavouring to serve the said Summons) the said Court shall and may proceede as if the said partie had beene actually summoned unlesse the said person or persons soe absent upon a new Summons after his or their returne or being found shall sooner appeare.
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X1Variant reading of the text noted in The Statutes of the Realm as follows: way O. [O. refers to a collection in the library of Trinity College, Cambridge]
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