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If Contractor for Repair of Roads be guilty of Neglect Justices may make an Order for Contract to be executed within a certain Period.
Penalty for Neglect.
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XVII. If, in the Opinion of the County Surveyor, the Contractor for the Repair of any Road shall be guilty of Neglect or Inattention in the Performance of his Contract, it shall be lawful for such Surveyor to summon the said Contractor and his Sureties before the Justices at Petty Sessions of the District in which such Work may be situate; and if such Charge of Neglect or Inattention be established before such Justices, it shall be lawful for them to make an Order directing the said Contractor and his Sureties to execute his Contract within a Period to be stated in such Order; and if at the Expiration of such Order the County Surveyor shall still see reason for being dissatisfied with the Manner in which such Work has been executed, it shall be lawful for him again to summon the Contractor and his Sureties before the Justices at Petty Sessions, and the Justices thereupon shall proceed to inquire into and finally adjudicate upon the Complaint; and if it shall appear that such Work has been insufficiently executed, or contrary to the Terms of the Contract, it shall be lawful for such Justices, having ascertained the Amount which it may require for the Completion of such Work according to the Contract, to authorize such Surveyor to complete the same, and to levy such Amount by Warrant of Distress upon the Goods of such Contractor or his Sureties, not exceeding the Amount of the Recognizance or Bond of such Sureties.
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