Section 42

Section 42. After the service and return of such rule, it shall be lawful for the builder or contractor, to file a declaration or statement in the court of Common Pleas of the respective county, upon the contract made by him with the commissioners aforesaid, and thereupon proceed to trial, in due course, in like manner as if an action had been commenced by him upon such contract, against the county, or, at his election, he may shew cause against the said report, and thereupon, the court shall determine the matter as justice and equity shall require.