When by a certificate of an officer of the Government Public Works Department of a rank not below that of Executive Engineer it appears to the municipal 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 municipal council for the payment to it of any amount by way of composition in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceedings under this section.