Section 3Part 0 —
Costs to defendant
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3. If, in any such information, action, suit or other proceeding judgment is given against the Crown, the defendant or defendants shall be entitled to recover costs, in like manner, and subject to the same rules, as though such proceeding had been had between subject and subject: Provided that the presiding Judge shall certify on the record that, in his opinion, the case is one in which the defendant is entitled to his costs; and the Governor in Council shall direct the Treasurer to pay such costs out of any sum of money to be voted by the Legislative Assembly for that purpose.