Power of the corporation to recover expenses caused by extraordinary traffic

When, by a certificate of an officer of Government not below the rank of an Executive Engineer of the Public Works Department it appears to the Commissioner that having regard to the expenses of repairing roads in the neighbourhood extraordinary expenses have been incurred by the corporation in repairing a street by reason of the damage caused by excessive weight passing along the street or extraordinary traffic thereon, or by any process of loading, unloading, or depositing excessive weights thereon, the Commissioner may recover in civil court, from any person by or in consequence of whose order such damage has been caused, the amount of such expenses as may be proved to the satisfaction of such court to have been incurred by the corporation by reason of the damage arising from such weight or traffic as aforesaid: Provided that any person from whom expenses are or may be recoverable under this section may enter into an agreement with the corporation for the payment to it of a composition in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceedings under this section.