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Grand jury not to make any presentment unless application approved at presentment sessions, except in the cases herein mentioned.
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38. It shall not be lawful for any grand jury, any law, usage, or custom to the contrary notwithstanding, to make a presentment for any public work whatsoever, or for raising any money, for which an application shall not have been made and approved at sessions, either wholly or in part, as herein-before provided, save and except such presentments as may be herein specially excepted, and also save and except such presentments as may be necessary for the immediate repairs of sudden breaches or damages in roads, bridges, gullets, walls, or buildings, which have happened so recently as not to admit of the proper application having been made in manner before provided, which fact, together with the necessity for the immediate execution of such repairs, shall be proved before the grand jury upon oath; and in such case, although such application as aforesaid shall not have been lodged or approved as aforesaid, such grand jury shall nevertheless have power and authority to present for such repairs any sum of money in such case necessary to be paid to the county surveyor, or to be by him expended, or so much thereof as may be necessary, upon such repairs, and accounted for at the next assizes by such surveyor, upon oath; and the treasurer of the county shall, out of any monies in his hands available to the general purposes of the county, advance to such surveyor from time to time the monies, not exceeding the sum presented for such repairs which may be required therefor; and such monies so advanced shall be replaced by the monies raised and levied under the presentment which the grand jury have been herein-before authorized to make for such purpose.
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