§ 8109. Defendant's costs against the state. (a) Action brought for\nbenefit of municipal corporation. Costs awarded to the defendant in an\naction brought by the state for the benefit of a municipal corporation\nshall be awarded against the municipal corporation and not against the\nstate.\n (b) Payment of defendant's costs against the state. Where costs are\nawarded to the defendant and against the state in an action brought by a\npublic officer, and the proceedings have not been stayed, the\ncomptroller shall draw his warrant upon the treasurer for the payment of\nthe costs out of any money in the treasury appropriated for that\npurpose, upon the production to him of an exemplified copy of the\njudgment or order awarding the costs, a copy of a taxed bill of costs\nand a certificate of the attorney-general to the effect that the action\nwas brought pursuant to law. The fees of the clerk for the exemplified\ncopy shall be certified thereupon by him and included in the warrant.\n
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