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Streets to be paved, and any street formerly repaired as a turnpike or presentment road may be put under the commissioners for this Act, if they so require.
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52. It shall be lawful for the commissioners for the execution of this Act, in any city, town corporate, borough, market town, or other town, and they are hereby authorized and empowered, to employ or contract with any person or persons to pave, flag, maintain, and keep in order the streets, squares, lanes, and passages, within any such city, town corporate, borough, market town, or other town, and the suburbs or liberties thereof as aforesaid, in such manner as such commissioners shall direct, and to provide all necessary articles for the said purpose; and any street forming part of a road running through any such city, town corporate, borough, market town, or other town, or the suburbs or liberties thereof as aforesaid, which may at any time before the appointment of such commissioners have been paved, maintained, or repaired as part of such road by any board of turnpike commissioners or trustees, or by grand jury presentment, or by any other body or person or persons, or in any other manner whatsoever, shall and may, from and after the appointment of commissioners for the execution of this Act in any such city, town corporate, borough, market town, or other town, be paved, maintained, and repaired only by such commissioners, if such commissioners shall think fit so to determine and require: Provided that nothing herein contained shall extend or be construed to exonerate any such turnpike commissioners or trustees, or any other body or person or persons whatsoever, from his or their duty or obligation to maintain and repair such street or road, unless such commissioners shall desire to take upon themselves such duty or obligation; and in such case such commissioners shall become liable in like manner as the party or parties originally liable to such duty or obligation, and shall in like manner answer for and be punishable for any default in the discharge or observance of such duty or obligation.
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