§ 8109. Defendant's costs against the state. (a) Action brought for
benefit of municipal corporation. Costs awarded to the defendant in an
action brought by the state for the benefit of a municipal corporation
shall be awarded against the municipal corporation and not against the
state.

(b) Payment of defendant's costs against the state. Where costs are
awarded to the defendant and against the state in an action brought by a
public officer, and the proceedings have not been stayed, the
comptroller shall draw his warrant upon the treasurer for the payment of
the costs out of any money in the treasury appropriated for that
purpose, upon the production to him of an exemplified copy of the
judgment or order awarding the costs, a copy of a taxed bill of costs
and a certificate of the attorney-general to the effect that the action
was brought pursuant to law. The fees of the clerk for the exemplified
copy shall be certified thereupon by him and included in the warrant.