(1)  If in an action under this Division judgment is given in favour of the nominal defendant, or if the plaintiff discontinues or is non-suited, the plaintiff shall pay all costs of defending the action, and the costs when taxed may be levied by execution in the name of the nominal defendant.

(2)  If in an action under this Division the plaintiff recovers final judgment against the Recorder as nominal defendant, the Supreme Court shall certify the fact of the judgment and the amount of damages and costs recovered, and the amount of the damages and costs shall be paid to the person recovering the same, and shall be charged to the account of the assurance fund.

(3)  If the balance to the credit of the assurance fund is inadequate to pay the amount specified, such sum as may be necessary for that purpose shall be paid out of the Public Account, which to the necessary extent is appropriated accordingly, and the amount so advanced shall be repaid from the assurance fund as it accrues.