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Proceedings in case of grand jury refusing or neglecting to make presentment for making or repairing any road.
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64. If at any time hereafter it shall appear from a memorial signed by twenty cess payers in any barony that the grand jury of any county has twice refused to present for the making or repairing of any road in such barony, and that by reason thereof the inhabitants of such barony are aggrieved, it shall be lawful for the lord lieutenant to refer such memorial to the commissioners of public works to examine into the truth of the allegations therein contained, and to report thereon, and particularly to report whether it is necessary for the public convenience that such road should be repaired or made, and what would be the expense thereof; and thereupon it shall be lawful for the lord lieutenant, if he shall think fit, to refer such report to the grand jury of the county at the next assizes; and such grand jury may thereupon, if they shall think fit, present that such road shall be made or repaired in such manner as shall be recommended by the report of the said commissioners, and that the sum necessary for that purpose shall be raised off the county or any barony or baronies thereof in such proportions as they may think proper; and in case they shall refuse or neglect to make any such presentment, it shall be lawful for the lord lieutenant to direct the said commissioners to cause such road to be made or repaired, and the expense thereof shall be certified by them to the lord lieutenant, who shall cause such certificate to be laid before the grand jury of the county, and such grand jury shall and they are hereby required to present the amount thereby certified to be levied off the county at large in which such road may be situated, and to be repaid to such commissioners by such instalments as the lord lieutenant shall think fit to direct.
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