Taxing prosecutor where defendant has made settlement

In all cases of embezzlement and fraudulent breach of trust, where it appears to the court that the defendant has made settlement before the time of trial, and the prosecutor fails to attend and prosecute, the court shall tax the prosecutor with all costs of the case. Acts 1903, ch. 300, § 1; Shan., § 7613a1; Code 1932, § 12242; T.C.A. (orig. ed.), § 40-3330. In all cases of embezzlement and fraudulent breach of trust, where it appears to the court that the defendant has made settlement before the time of trial, and the prosecutor fails to attend and prosecute, the court shall tax the prosecutor with all costs of the case. Acts 1903, ch. 300, § 1; Shan., § 7613a1; Code 1932, § 12242; T.C.A. (orig. ed.), § 40-3330.