River Lark Act 1698

IV. Persons upon Notice, neglecting, &c. to appear before Commissioners, the Commissioners, upon Oath of Service, may proceed to ascertain Damage sustained, notwithstanding Absence of such Persons.

And in case any Person or Persons haveing such Notice as aforesaid shall refuse or neglect to appeare before the said Commissioners or any Seaven of them that then the said Commissioners or any Seaven of them upon Oath to them made That the Party or Parties soe refuseing or neglecting were duly served with such Notice according as is herein before directed (which Oath the said Commissioners or any Seaven of them are likewise hereby impowered to administer) shall proceed to inquire of the Damages that may be sustained by such Person or Persons respectively and to determine order and decree what and how much Satisfaction such Person or Persons shall respectively have for such Damages in such manner as they should or might have done if the said Person or Persons had actually appeared before them and the same Determinations Orders and Decrees soe made shall likewise be as binding to the said Parties not appearing and as valid good and beneficiall to all Intents and Purposes to the said Henry Ashley his Heires and Assignes as they should and might have been if the said Parties had appeared before the said Commissioners