(1) The sheriff shall forthwith make a return to the summons of all persons who have been summoned, and the Court shall then proceed to hear and determine in a summary manner the merits of each case, and shall remit, wholly or in part, the amount in which the party may stand bound, or to enforce the same in the manner directed.
(2) Where any person summoned under section 1246 to appear before the Court refuses or neglects so to do, the Court may, upon due proof of service of the summons, proceed to hear and determine the merits of the case, and to give judgment as if the person were present.