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Commissioners on proposal of grand juries or trustees of turnpike roads, may undertake repair of bridges or roads for terms not exceeding seven years, on provision being made for the expense.
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102. And whereas it is expedient to provide for the more effectual maintenance and repair of lines of post roads which have or hereafter may be made under the authority of the herein-before recited Acts of the forty-fifth, forty-sixth, and fifty-third years of the reign of his Majesty King George the Third: Be it therefore enacted, that it shall and may be lawful for the several grand juries throughout Ireland empowered or required to make presentments for roads or bridges under the provisions of the said recited Acts, and also for the trustees of any turnpike road, in conjunction with any grand jury, or by themselves, to propose to the said commissioners for the execution of this Act to undertake the repair and maintenance of such roads, together with all bridges, pipes, gullets, or other works thereon, for any term not exceeding seven years, provision being first made, in cases of grand juries by presentment, and in cases of trustees in such manner as may be safe and convenient, for the indemnity of the said commissioners; and if such presentment or other provision, as the case may be, shall upon due consideration seem to the said commissioners adequate for such purpose, and also to cover and include all incidental charges and expenses in and about the management of such undertaking, so that the general charge of maintaining the commission by this Act created shall not be augmented thereby, it shall and may be lawful for the said commissioners for the execution of this Act to undertake to provide for the maintenance and repair of such roads, and the bridges, pipes, gullets, or other works thereon, for any term not exceeding seven years; and from and after the time that such commissioners shall have undertaken the care, maintenance, and repair of such roads or bridges, pipes, gullets, and other works thereon, all the powers now vested in the said grand juries or trustees respectively, so far as regards or relates to the maintenance and keeping in repair such roads, bridges, pipes, gullets, or other works, (always except such powers and authorities as may be needful for the raising and levying of the sums agreed upon by such commissioners to be paid to them as the consideration for and in satisfaction of their cost and charges in and about the said undertaking,) shall cease and be suspended during the term so agreed upon as aforesaid; and the said commissioners shall have full power and authority to make, maintain, and repair such roads, bridges, and all other works thereon, and such sum or sums as may be agreed upon shall be paid to such person and in such manner as the said commissioners shall fix and appoint; and an account of all expenses incurred in and about the maintenance and repair of such roads, or the bridges, pipes, gullets, or other works thereon, shall be laid by such commissioners before the respective grand juries at each and every spring and summer assizes, and before such trustees once in every year during such term of years: Provided always, that if at the expiration of such term of years it shall appear that the sum actually expended and laid out by the said commissioners in discharge of their said undertaking, together with all expenses of management incurred therein, shall not amount to the entire sum paid to the said commissioners by such grand juries or trustees respectively, the surplus remaining in the hands of the said commissioners shall be repaid to the treasurer of such grand juries or trustees respectively, to be by them, in cases of grand juries, carried to the credit of the county whereon the same shall have been levied, and, in cases of trustees, to be applied to the general purposes of their respective trusts.
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