§ 44-212. Action against officer or enlisted person for official acts - Defense - Costs and security.

If a suit or proceeding shall be commenced in any court by any person against any officer or enlisted person of the military forces for any act done by such officer or enlisted person in his official capacity in the discharge of any duty under Sections 1 through 117, 208 through 235.2, or 241 through 250 of this title, or against any soldier acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, it shall be the duty of the Attorney General or Judge Advocate to defend such person.

The actual court costs of such a defense shall be a legal charge against the state and shall be submitted to the Legislature for payment.  Before any suit or proceeding shall be filed or maintained against any officer or soldier as herein provided, the plaintiff shall be required to give security, to be approved by the court in a sum not less than One Hundred Dollars ($100.00), to secure the costs. If the plaintiff fails to recover judgment such costs shall be taxed and judgment rendered therefor against him and his sureties.

Laws 1935, p. 92, § 8, eff. April 19, 1935; Laws 1985, c. 96, § 2, eff. Nov. 1, 1985.