§6-5-1. Right to commence actions - Generally.

(a) The state may commence an action in its own name and is entitled to all remedies provided for the enforcement of rights between individuals without giving bond or security or causing an affidavit to be made, though the same may be required as if the action were between private citizens.

(b) The district attorney of the circuit in which an action by the state is pending must attend to the same on the part of the state, and the Governor of the state may employ assistant counsel if he deems it necessary. The written direction of the Governor to the attorney of record is sufficient authority for commencing such an action, and the trial judge may determine the amount of compensation. If unsuccessful, the state is liable for costs as individual parties are.

(c) Actions commenced by the state are to be governed by the same rules as in actions between individuals.

(Code 1852, §2137; Code 1867, §§2533, 3323; Code 1876, §§2902, 3755; Code 1886, §§2573, 3416; Code 1896, §§12, 671; Code 1907, §§2440, 3087; Code 1923, §§5644, 6518; Code 1940, T. 7, §§72, 292.)