6. Charging cost of maintaining private embankments in charge of officers of the Crown.
(1)Whenever the Superintendent of Embankments shall hereafter cause an embankment which any person is bound to keep up or by which any person is benefited, to be taken charge of by the officers of the Crown, the expenses of keeping up such embankment shall, in the first instance, be charged to the person who is bound to keep it up and, in the absence of any such person, to the person who is benefited :Proviso - Provided that the amount so charged shall not exceed the reasonable expenses of keeping up an embankment in the original size and description, notwithstanding that the embankment shall have been enlarged or improved by the officers of the Crown.Explanation - A person who would sustain loss or damage if the embankment is kept out of repairs shall be deemed to be a person who is benefited by the embankment.(2)(a)The Collector shall decide any dispute as regards the persons who are bound to keep up an embankment and also as regards the apportionment of the expenses of keeping up such embankment amongst those persons.(b)If two or more persons are benefited by an embankment, the Collector shall apportion the expenses of keeping up such embankment amongst the persons so benefited.(c)When an apportionment is made by the Collector either under Clause (a) or (b) of this sub-section, the liability of every such person as aforesaid shall be limited to the sum as apportioned against him and the Collector may, while apportioning the sums against those persons, further direct that the sums may be paid by instalments subject to such conditions as he may impose.Every decision of the Collector under Sub-section (2) shall be appealable-(a)to the Revenue Commissioner if passed by the Collector of the district; and(b)to the Collector of the district, if passed by a Deputy Collector or any other officer exercising the powers of a Collector :Provided that no appeal shall lie unless it is presented within thirty days from the date of the decision.
