235 - Relief from civil or criminal liability; exemption from civil process; security for costs.

§ 235. Relief  from  civil or criminal liability; exemption from civil  process; security for costs.  1. Members of the militia ordered into the  active service of the state pursuant to sections six and seven  of  this  chapter,  shall not be liable civilly or criminally, for any act or acts  done by them in the performance of  their  duty.    When  an  action  or  proceeding  of  any nature shall be commenced in any court by any person  against any officer of the militia for  any  act  done  by  him  in  his  official capacity in the discharge of any duty under this chapter, or an  alleged  omission  by him to do an act which it was his duty to perform,  or against any person acting under the authority or order  of  any  such  officer,  or by virtue of any warrant issued by him pursuant to law, the  defendant may require the person instituting or prosecuting  the  action  or  proceeding  to  file  security  for the payment of costs that may be  awarded to the defendant therein, and the defendant  in  all  cases  may  make  a  general  denial  and  give  the special matter in evidence.   A  defendant, in whose favor a final judgment is rendered in an action or a  final order is made in a special proceeding, shall recover treble costs.    2. No person belonging to the organized militia of the state shall  be  arrested on any civil process while going to, remaining at, or returning  from any place at which he may be required to attend for military duty.