FOURNET, Chief Justice.
Certiorari was granted in this case, limited to the question of taxability of court costs against the party cast when such party is the unsuccessful plaintiff who has proceeded in form pauperis, the Court of Appeal for the Parish of Orleans having affirmed the lower court's judgment against the plaintiff-appellant, at the cost of plaintiff, and in refusing a rehearing, having expressly adhered to its view that an unsuccessful pauper plaintiff must be condemned for costs. See La.App., 93 So.2d 557.
Suits in forma pauperis have been authorized in the courts of this State since 1912, when the Legislature of that year adopted its Act 156, granting to any person who is a "citizen of this State" or "an alien * * * domiciled in this State for three years," the right to prosecute and defend all actions to which he may be a party, "without the previous or current payment of costs or the giving of bonds for costs, if he is unable because of his poverty to pay such costs or to give bond for the payment of such costs." By amendments in 1918 and 1938, additions were made to the 1912 Act which are not here pertinent, and its provisions as amended were incorporated in the Revised Statutes of 1950 as R.S. 13:4525-4529. Section 4 of the 1912 Act (R.S. 13:4528) has remained unchanged since its original adoption, and declares: "If the litigant exercising the privilege [to proceed in forma pauperis] is cast, he shall be condemned to pay the costs incurred by him and the costs recoverable by the other parties to the action."
The Court of Appeal, on application for rehearing in this matter, made an exhaustive review of cases from our appellate courts, including three from this Court, wherein it was held to be error to assess costs against an unsuccessful plaintiff who had proceeded in forma pauperis; and expressing "tremendous timidity" in saying that there was no authority for such holding, suggested that Section 4 of the 1912 Act had simply been overlooked. As evidence of this conclusion, the Court observed that although fourteen cited decisions of our Courts of Appeal held that a pauper plaintiff could not be condemned for costs, yet in not one of those was Section 4 even referred to, whereas in four cases
Our independent research convinces us of the correctness of the conclusion reached by the Court of Appeal in this matter. The error appears to have arisen in a Per Curiam to Causey v. Opelousas-St. Landry Securities Co., 192 La. 677, 188 So. 739, 742, in which this Court stated that "through inadvertence," the unsuccessful plaintiff had been cast in costs—remarking, without citation of authority, that "plaintiff instituted the suits in forma pauperis; hence, the plaintiff should not be condemned
For the reasons assigned, the judgment of the Court of Appeal is affirmed.