38 M.R.S. §712: --security for

When any person whose lands are so flowed or from whose lands the water is so diverted files a complaint for ascertaining or increasing the person's damages, or brings a civil action as provided in section 713, and moves the court to direct the owner or occupant of such mill or canal to give security for the payment of the annual damages, and the court so orders, the owner or occupant refusing or neglecting to give such security has no benefit of this chapter; but is liable to be sued for the damages occasioned by such flowing in a civil action.