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Where the existing Bridges, Culverts, or Archways are insufficient for the Discharge of Water under a public or County Road, same may be reconstructed by the Commissioners.
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LX. And be it enacted, That if any existing Bridge, Culvert, or Archway for the Discharge of Water under any public or County Road shall, in the Opinion of the said Commissioners, be insufficient for the free Discharge of such Water, and shall, by reason of such Insufficiency, cause or tend to cause the flooding of or other Injury to any of the Land to be drained or improved by the proposed Works, or where by means of any of such Works, any public or County Road shall be relieved from periodical flooding, it shall be lawful for the said Commissioners to have the same reconstructed in such Manner as to them shall appear sufficient, and to determine, by a Declaration in Writing under their Hands and Seals, the Proportions of the Expences of such Reconstruction or Relief from flooding, which shall be defrayed by the County or Counties respectively, or any Barony or Half Barony of such County or Counties, within which such Bridge, Culvert, Archway, or Road, or any Part thereof, may be situated; and a Duplicate of such Declaration, under the Hands and Seals of such Commissioners, shall, within One Month from the Date thereof, be transmitted to the Secretary of the Grand Jury of each such County; and such Declaration shall be published in Three successive Impressions of some Newspaper circulating in such County thereby made chargeable with any Part of such Expences, and shall be posted at the usual Places of posting Grand Jury Notices in the Barony or Half Barony in which such Bridge, Culvert, Archway, or Road, or any Part thereof, shall be situate, such Publication and posting to be made within One Fortnight after the Date of such Declaration; and it shall be lawful for any Person paying Grand Jury Cess for such County, Barony, or Half Barony to traverse such Declaration at the Assizes which shall be holden for such County next after the Expiration of Thirty Days after such Declaration shall be transmitted to such Secretary, in like Manner as any Person may be empowered to traverse any Presentment made under any Act or Acts in force relating to the presenting of public Money by Grand Juries in Ireland; and such Sum as shall be found upon such Traverse shall be inserted in such Declaration by the Court before which such Traverse shall be tried; and the Grand Jury of such County is hereby empowered and required at such Assizes (and without Application to Presentment Sessions) to present the Sum or Sums of Money mentioned in such Declaration (whether as originally made, or as altered upon such Traverse, as the Case shall be,) to be levied off the said County, Barony, or Half Barony; and in case such Grand Jury shall refuse to present the Sum so mentioned in such Declaration, or which shall be found by and upon such Traverse, the Court shall make an Order directing that the Treasurer for such County shall insert such Sum in his Warrant, and the same shall be levied off such County in the same Manner as if the same had been duly presented by such Grand Jury; and thenceforth such Bridges, Culverts, Archways, and Roads shall be repaired and maintained by such County or Counties as were theretofore liable to repair and maintain the same.
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