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.
Structure Connecticut General Statutes
Chapter 912 - Flowage Petitions
Section 52-446. - Petition to flow land; contents; procedure.
Section 52-447. - Petition to be heard by committee, unless parties agree.
Section 52-448. - Not to interfere with existing dams or millsites.
Section 52-449. - Procedure upon report of committee. New inquiry by court.
Section 52-450. - Reassessment of damages by jury; addition by court.
Section 52-451. - Objections to action of jury.
Section 52-452. - Costs of reassessment; bond.
Section 52-453. - Effect of assessment; payment of damages and costs.
Section 52-454. - Costs of petition.
Section 52-455. - Second petition; expenses of first petition to be paid.