298. Unless, for special reasons mentioned in the judgment, the court or the judge deem it advisable to order otherwise, the party failing in any such prosecution, action or proceeding shall bear the costs thereof, and, if such party be the defendant, the costs shall be payable over and above the penalty imposed.
If, however, the prosecution, action or proceeding be withdrawn or abandoned, and the court or judge be of opinion that the same was maliciously brought for the purpose of harassing and annoying the defendant, and without a reasonable knowledge of the facts alleged, the court or the judge may, on dismissing the same, condemn the plaintiff to pay double costs to the other party.
R. S. 1964, c. 193, s. 327.