Section 38 Secretary of State to pay the costs of litigation as to such lands.

In addition to the said compensation, the said Secretary of State shall, when the right to any such estate, right, interest, or charge has been disputed by him and determined in favour of the party claiming the same, pay the full costs and expenses of any proceedings at law or in equity for the determination or recovery of the same to the parties with whom any such litigation in respect thereof has taken place; and such costs and expenses shall, in case the same be disputed, be settled by the proper officer of the court in which such litigation took place.