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Repair of embankments, etc.
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20.—Where prior to the declaration of the appointed day for any lands, the landlord or, in the case of untenanted land, the owner thereof is or has been liable for the cleansing or maintenance in whole or in part of any watercourse, drain, embankment, or other work, either alone or in conjunction with other persons and whether under the terms of a contract of tenancy or otherwise, and has neglected to clean or maintain or to contribute to the cleansing or maintenance of the said work, so as to render necessary an expenditure of money on its cleansing, repair, or restoration, the Land Commission may, either before or after the appointed day, apply to the Judicial Commissioner for an order declaring them entitled to have transferred to them on the allocation of the purchase money such amount of land bonds as they shall certify to be required in order to recoup them for the expenditure made or proposed to be made by them in cleansing, repairing, or restoring such work; and if the Judicial Commissioner is satisfied that the landlord, or owner, either alone or in conjunction with other persons is or was so liable as aforesaid, and that the expenditure so made, or proposed to be made, by the Land Commission has been or is rendered necessary by such neglect, he may order that on the allocation of the purchase money such sum in land bonds as he may consider reasonable, having regard to all the circumstances of the case, but not exceeding the amount of the purchase money arising from the lands which the Land Commission certify will be substantially benefited by such expenditure, shall be transferred to the Land Commission out of the land bonds representing the purchase money.
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