§ 74-36. Costs of the survey.
§74‑36. Costs of the survey.
The costs of the order andsurvey shall be paid by the person making the application; but if he shallmaintain an action and recover damages for the injury done or threatened priorto such survey and examination, the costs of the order and survey shall betaxed against the defendant as other costs in the action. The party obtainingthe survey shall be liable for any unnecessary injury done to the propertyexamined and surveyed in making the survey. (1913, c. 51, s. 2; C.S., s.6931.)