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Proceedings in case the sessions refuse to approve any applications for public works.
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18. In case the magistrates and cess payers at two successive presenting sessions shall refuse to approve of any applications made for any public work, it shall be lawful for any of the persons who made application at such sessions for such work to present a memorial to the judges of assize at the assizes holden for the county in which such sessions may have been holden, stating such application and the disapproval thereof at the presenting sessions, and praying that the judges may direct the grand jury to make a presentment for such work; and such memorial shall be lodged with the secretary of the grand jury at least one month before the first day of such assizes, and a copy thereof shall be served on each of the chairmen at such presenting sessions at least one month before the first day of such assizes; and the person presenting such memorial shall also cause to be inserted in some newspaper published or circulated in the county notice of his intention to apply at the assizes for such order, and such notice shall be published at least three times before the first day of such assizes; and upon proof that such memorial and notices were served and published it shall be lawful for the judges of assize, or any of them, to cause a jury to be empannelled of persons returned to serve on juries at said assizes, to try and inquire whether such work is a proper one to be executed, and, if so, to ascertain and state the expense thereof; and if the jury shall find that such work is a proper work to be executed, it shall be lawful for the judge, if he shall think fit, to direct the grand jury to consider such presentment; and it shall be lawful for the grand jury at such assizes to present that such work shall be done either for the sum stated by the jury to be sufficient for the execution thereof, or such lesser sum as they shall think proper, or to refuse to make such presentment: Provided always, however, that no such memorial shall be proceeded upon, unless the memorialist shall, at the time of lodging such memorial with the secretary, deposit with him the sum of twenty pounds, as a security for such costs and expenses as the judge shall direct to be paid thereout to any person or persons who may appear to oppose such application, or any witness summoned to attend on the hearing of the application.
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