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If finance committee refuse payment, contractor may appeal by memorial to Court of Queen’s Bench.
Court may hold examination by jury, and make order for payment.
Memorialists to deposit a sum as security for costs.
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95. If at any time the finance committee shall refuse to order payment to the contractor according to the terms of his contract, or to any other person engaged in the execution of any county work under the authority of this Act, and who on the due execution thereof would be entitled to such payment, they shall set forth the grounds of such refusal; and if such contractor or other person shall feel himself aggrieved thereby it shall be lawful for such person to present a memorial to the judges of the Court of Queen’s Bench at the next Easter or Michaelmas term, stating the terms of his contract or the circumstances of his case, and the refusal by such finance committee to order payment, and praying that the judges may direct the grand jury to cause inquiry to be made into the facts stated in such memorial; and such memorial shall be lodged with the secretary of the grand jury at least one month before the first day of such term; and such secretary shall make known the same to the finance committee; and upon proof that such memorial was so lodged it shall be lawful for the judges of the Court of Queen’s Bench, if they shall see reason so to do, to cause a jury to be impannelled to try and inquire whether or not such sum was rightly due to such contractor according to the terms of his contract; and if the jury shall find in the affirmative it shall be lawful for the judges of the Court of Queen’s Bench to order the payment of such sum, not exceeding the amount of the contract, as to them shall seem just and proper; and it shall be lawful for the finance committee at their next meeting, and they are hereby required, on a copy of the order for such payment being produced, to sign an order for the amount specified in such presentment: Provided always, that no memorial shall be proceeded upon unless the memorialists shall at the time of lodging such memorial with the secretary, deposit with him the sum of ten pounds as a security for such costs and expences as the judges may direct to be paid thereout to any person who may appear to oppose such application, or any witness summoned to attend on the hearing of the application.
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