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Contractors to procure certificate from county surveyor of the completion of their work, and lodge the same, and notice of application for payment, with secretary of grand jury.
Secretary shall lay notices, &c. before presentment sessions, who shall approve or disapprove the applications.
Applications approved to be allowed or disallowed by grand jury at their discretion.
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130. Every person who may contract for the execution of any work under this Act shall, on the completion of the work for which he may have contracted, or whensoever by the terms of such contract he may be entitled to payment, give notice to the surveyor of the county, ten days at the least before the day appointed for the holding of the first presentment sessions in the county after every assizes or presenting term, of his intention to make application as herein-after provided, and require of such surveyor a certificate of the due execution of such work or performance of such contract; and such contractor shall lodge with the secretary of the grand jury, within the period herein-before limited for the lodgment of notices of applications for presentments for public works, a notice of his intention to apply for payment of the sum contracted for by him . . .; and the secretary to the grand jury shall arrange, in like manner as he has been herein-before directed to arrange applications for presentments, all such notices . . . and annex to each the number by which the contract in respect whereof such notice . . . may be given is distinguished in the book of abstracts which such secretary has been herein-before directed to keep, and indorse on such notice . . . the date of the lodgment of the same; and such secretary shall lay all such notices . . . with an abstract thereof and index thereto, before the presentment sessions to be holden for the barony or one of the baronies, or the county of a city or county of a town, in which such work shall have been executed; and the justices and cess payers at such sessions shall examine into all such applications for payment on the part of such contractors, and inspect the notices thereof, and the certificates aforesaid, and examine the surveyor or surveyors, and all other persons whom they may think it necessary to examine for the purpose of ascertaining the due execution of the work or matter contracted for, and shall therein have and exercise all such powers and authorities as in the case of applications for presentments, and in like manner determine and decide upon all such applications for payment by majority of votes; and the chairman at such sessions shall on every application which may be approved endorse the word “allowed,” and on every application which shall not be approved he shall endorse the word “disallowed,” and the reason of such disallowance, and a note of or reference to the particulars of the execution of the work which may have caused such disallowance; and all such applications, with the notices and certificates thereto belonging, shall be delivered to the secretary of the grand jury, to be laid before them at the next ensuing assizes, and such grand jury shall take such applications as have been approved into consideration, and allow or disallow the same according to their discretion; but it shall not be lawful for such grand jury or for the court to allow any application which shall not have been approved of at such sessions; and no such contractor shall be entitled to payment who shall not have given such notice and made such application, nor unless such application shall have been approved and allowed as aforesaid; anything in any contract contained, or any law or usage, to the contrary notwithstanding.
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