Power of municipality to recover expenses caused by extraordinary traffic

When by a certificate of the municipal engineer or of the Commissioner where there is no municipal engineer it appears to the council that, having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the municipal council in repairing a street by reason of the damage caused by excessive weight passing along the street, or extraordinary traffic thereon, the council may recover in the civil court having jurisdiction from any person by or in consequence of whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of such court to have been incurred by such council, by reason of the damage arising from such weight or traffic as aforesaid: Provided that any person against whom expenses are or may be recoverable under this section may enter into an agreement with the council for the payment to it of compensation in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceedings under this section.

Private streets