Sec. 52-455. Second petition; expenses of first petition to be paid.
Sec. 52-455. Second petition; expenses of first petition to be paid. If, in any
case, the petitioner fails to pay or deposit the damages and costs that may be adjudged
to the respondent, within said period of sixty days, and afterwards either the petitioner
or any subsequent owner of the same water privilege for the improvement of which such
petition was brought brings another petition against the same respondent for liberty to
flow or take the same lands for the same purposes, the court to which such petition
may be brought shall, on motion of the respondent, ascertain the reasonable costs and
expenses incurred by him in defending against the former petition, and order them to
be paid to him by the petitioner; and, if such payment is not made within the time limited
in such order, the plaintiff shall be nonsuited.
(1949 Rev., S. 8197.)
Cited. 63 C. 569.