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Grand jury shall not make presentments, unless on application approved of at sessions, except in certain cases.
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85. It shall not be lawful for any grand jury of the said county, 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 applications 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 repair any sum of money in such case necessary, and to authorize and empower any of the district surveyors to advertise for contracts for the execution of such work, such contracts to be laid before the next district sessions, or to execute such works, and account for the execution to the finance committee, as to such grand jury shall seem fit; and the finance committee of the county shall, out of any moneys to their credit 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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