Commissioners may contract for performing the Works.
XI. And be it further enacted, That the said Commissioners may from Time to Time, if they think proper, contract and agree with any Person or Persons for the doing and performing all or any of the Works by this Act authorized or directed to be done and performed; and in case any of the Works to be done and performed by any such Contractor shall not be well and sufficiently done and performed according to such Contract, the said Commissioners may cause an Action to be brought, in any of His Majesty’s Courts of Law at Westminster, in the Name of their Clerk, against any such Contractor for any Penalty contained in his Contract; and on Proof of the signing of the said Contract, and Nonperformance thereof, the said Commissioners shall be entitled to, and shall recover the Penalty contained in such Contract: Provided always, that it shall be lawful for the said Commissioners (if they think fit) to compound and agree with any Contractor for any Penalty incurred by him, for the Breach or Nonperformance of any such Contract, for such Sum of Money as the said Commissioners shall think proper, not being less than the Injury or Damage sustained by the Breach or Nonperformance of such Contract, and of all Costs, Charges, and Expences which shall be occasioned thereby.