2A:30-1.  Liability of plaintiff upon discontinuance without leave
    If the plaintiff in any action for the recovery of a penalty, not wholly appropriated to the use of the plaintiff, settles with the defendant, and discontinues the action without leave of the court, the plaintiff shall be liable to the state or to a political subdivision of the state, or to any other  person, for so much of the penalty as would have accrued to the state or to the  political subdivision, or to such other person, if judgment had been taken  against the defendant.
   L.1951 (1st SS), c.344.