37.—(1) Whenever a certificate of completion has been issued and also whenever a maintenance transfer order has been made, the following provisions shall apply and have effect in relation to the maintenance of (as the case may be) the drainage works stated in such certificate to have been completed or the existing drainage works to which such order relates (but in the latter case so long only as such existing drainage works are maintainable by the Commissioners by virtue of such order), that is to say:—

(a) the Commissioners shall maintain the said drainage works or existing drainage works (as the case may be) in proper repair and effective condition but, in the case of any such existing drainage works, it shall not be obligatory on the Commissioners to maintain such works in a better condition or state of repair than they were in on the date of the maintenance transfer order;

(b) in any proceedings against the Commissioners for damages or for relief in the nature of mandamus on account of the alleged inadequate maintenance by the Commissioners of any such existing drainage works, a certificate sealed with the seal of the Commissioners and stating that the Commissioners have caused the said existing drainage works to be inspected and are satisfied that the said existing drainage works were, at the date of such inspection, in a condition and state of repair at least as good as on the date of the relevant maintenance transfer order shall be conclusive and irrebuttable evidence that the said existing drainage works were in a condition and state of repair at the date of such inspection at least as good as on the date of the said order;

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