This legislation has been repealed.
In case of any indictment or information by a private prosecutor for the publication of any defamatory libel—
(a) if judgment is given for the defendant—the defendant shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of such indictment or information; or
(b) if, upon a special plea to such indictment or information of the truth of the matters charged, the issue be found for the prosecutor—the prosecutor shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea,
such
costs to be taxed by the proper officer of the court before which the said
indictment or information is tried.