Section 28. In every civil action brought by the owner of land alleged to be injured by a mill dam, the defendant may bring into court and there tender any amount which he considers proper to be paid to the plaintiff for the damages incurred up to the time of such tender, and may also offer to pay any certain annual compensation for the damages which may be thereafter caused by the dam. If the plaintiff does not accept the amount so tendered with his costs to that time, he shall, unless he recovers greater damages or greater annual compensation than was so offered, be entitled to his costs to the time of the tender, and the defendant shall be entitled to his costs after said time.
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