If the verdict of the jury, upon the trial, affirms the finding of the jury of inquest, or is more unfavorable to the appellant than the finding of such jury, the costs shall be adjudged against such appellant; otherwise the court may award costs as in chancery cases.
Code 1858, § 1343 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1862; Code 1932, § 3127; T.C.A. (orig. ed.), § 23-1419.