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Traverses of presentments and applications for payment.
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133. It shall be lawful for any person paying grand jury cess for any county to traverse any presentment made under this Act by the grand jury of any such county, and also to traverse the application of such contractor under this Act for payment, on the ground of such contractor not having complied with the terms of his agreement or with the provisions of this Act; and the court at each assizes is hereby authorized and required to try the truth of the fact by a jury in the same manner as any traverse within the jurisdiction of the court ought to be tried; and it shall not be lawful for the clerk of the crown or clerk of the peace to take any fee for or in respect of such traverse, and costs shall be paid by the party against whom such traverse shall be found; provided that although there shall be a verdict against such traverse, yet if the court shall be of opinion that there was reasonable and probable ground for traversing such presentment or the application of such contractor, the costs shall be paid by the treasurer of the county from and out of the county monies in his hands, and the grand jury shall present the same without previous application to presentment sessions: Provided always, that every person intending to traverse any presentment or payment for which it is by this Act required that application shall be made at the presentment sessions, shall give notice in writing of such intention to the secretary of the grand jury within two days after the first day of such sessions; and the same or any other presentment shall be traversed only at the assizes at which the presentment shall be made or payment required.
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