517:12 Neglect to Take. –
If any party after giving notice to the adverse party neglects or refuses to take a deposition the adverse party may be allowed as costs such amount as the court may deem equitable, not exceeding twenty-five cents a mile for actual travel of himself or his attorney to attend the same, and may have judgment and execution therefor unless notice in writing that the deposition will not be taken, signed by the party giving the original notice, is seasonably given to such adverse party.