New York § 235 - 235Relief from civil or criminal liability; exemption from civil process; security for costs

§ 235. 235Relief 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.