§59-2-11. Laws as to costs not deemed penal; discretion of court
of equity as to costs; costs in appellate courts.
The laws of costs shall not be interpreted as penal laws; nor
shall anything in this article take away or abridge the discretion
of a court of equity over the subject of costs, except that in
every case in an appellate court costs shall be recovered in such
court by the party substantially prevailing.