533.235 - Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer.

533.235  Operation of order of determination may be stayed by filing bond with court; conditions of bond; duties of State Engineer.

      1.  At any time after the order of determination, evidence and transcript has been filed with the clerk of the court, the operation of the order of determination may be stayed in whole or in part by any party upon filing a bond in the court wherein such determination is pending in such amount as the judge thereof may prescribe, conditioned that such party will pay all damage that may accrue by reason of such determination not being enforced, pending a decree by the court.

      2.  Immediately upon the filing and approval of such bond, the clerk of the court shall transmit to the State Engineer a certified copy of such bond, which shall be recorded in the records of the Office of the State Engineer, and the State Engineer shall act in accordance with such stay.

      [39:140:1913; A 1915, 378; 1919 RL p. 3234; NCL § 7929]