The board of drainage commissioners shall keep the levee, ditch, drain or watercourse in good repair, and for this purpose they may levy an assessment on the lands benefited by the construction of such improvement in the same manner and in the same proportion as the original assessments were made and the fund that is collected shall be used for repairing and maintaining the ditch, drain or watercourse in perfect order; provided, however, that:

1. (1) Such parts of public drains as are within the corporate limits of any city or town shall be kept in repair by such city or town; and
2. (2) any repairs are made necessary by the act or negligence of the owner of any land through which such improvement is constructed or by the act or negligence of his agent or employee or if they are caused by the cattle, hogs or other stock of such owner, employee or agent then the cost thereof shall be assessed and levied against the lands of such owner alone, to be collected by proper suit instituted by the drainage commissioners.

HISTORY: 1962 Code Section 18-332; 1952 Code Section 18-332; 1942 Code Section 6124; 1932 Code Section 6124; Civ. C. '22 Section 3178; Civ. C. '12 Section 2224; 1911 (27) 92.