In an action brought by the state, or the governor, or any person for the use of the state, the plaintiff shall recover costs as any other plaintiff; but the defendant in such an action shall not recover any costs against such plaintiff, whether the action is dismissed, judgment shall pass in favor of the defendant or any other proceeding is taken.
This section shall not apply to any popular action, nor to any action on a penal statute, prosecuted by any person on behalf of himself and the state.
N.J.S. § 2A:15-60