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Failure of council to maintain existing drainage works.
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29.—(1) Whenever, after the appointed day, the Commissioners are of opinion that any existing drainage works which are for the time being maintainable by the council of a county or the councils of two or more counties are not being properly maintained and that maintenance or repair work is immediately necessary in respect of the said existing drainage works, it shall be lawful for the Commissioners to serve by post on such council or each of such councils a notice (in this section referred to as a notice of disrepair) stating that in the opinion of the Commissioners the maintenance or repair work specified in that behalf in such notice is immediately necessary in respect of the said existing drainage works and requiring such council or councils to execute the said maintenance or repair work within a time specified in that behalf in such notice.
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(2) Whenever a notice of disrepair is served under the foregoing sub-section of this section, the following provisions shall apply and have effect, that is to say:—
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(a) the council or councils on which such notice of disrepair is so served shall forthwith execute to the satisfaction of the Commissioners the maintenance or repair work specified in such notice and shall defray the cost of the execution of such work in the like manner and, in the case of two or more councils, in the like proportions as such council is or such councils are for the time being required by this Act or otherwise by law to defray the cost of the maintenance of the existing drainage works to which such notice relates;
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(b) if such council or councils fails or fail to execute the said maintenance or repair work to the satisfaction of the Commissioners within the time specified in that behalf in such notice of disrepair, it shall be lawful for the Commissioners to enter on the said existing drainage works and there execute or complete (as the case may be) the said maintenance or repair work;
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(c) if the Commissioners enter on the said existing drainage works and there execute or complete maintenance or repair work under the next preceding paragraph of this sub-section, the Commissioners shall serve on the council or each of the councils concerned a notice stating the amount of the costs and expenses incurred by the Commissioners in the execution or completion (as the case may be) of the said work and thereupon the amount so stated shall be payable to the Commissioners by such council or councils and, in default of such payment, shall be recoverable by the Commissioners in any court of competent jurisdiction as a simple contract debt;
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(d) the amount payable to the Commissioners by a council or by two or more councils under the next preceding paragraph of this sub-section shall be defrayed by such council or councils in the like manner as such council is or such councils are for the time being required by this Act or otherwise by law to defray the cost of the maintenance of the said existing drainage works and, where such amount is so payable by two or more councils, it shall be paid and defrayed by and be recoverable from them in the like proportions as the said cost of maintenance is defrayable as aforesaid by them.
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