§ 235 — Relief from civil or criminal liability; exemption from civil process; security for costs

New York § 235

• Jurisdiction: New York
• Law MIL: Military
• Art. 11: Privileges, Prohibitions and Penalties

Text

§ 235. Relief from civil or criminal liability; exemption from civil\nprocess; security for costs. 1. Members of the militia ordered into the\nactive service of the state pursuant to sections six and seven of this\nchapter, shall not be liable civilly or criminally, for any act or acts\ndone by them in the performance of their duty. When an action or\nproceeding of any nature shall be commenced in any court by any person\nagainst any officer of the militia for any act done by him in his\nofficial capacity in the discharge of any duty under this chapter, or an\nalleged omission by him to do an act which it was his duty to perform,\nor against any person acting under the authority or order of any such\nofficer, or by virtue of any warrant issued by him pursuant to law, the\ndefendant may require the person instituting or prosecuting the action\nor proceeding to file security for the payment of costs that may be\nawarded to the defendant therein, and the defendant in all cases may\nmake a general denial and give the special matter in evidence. A\ndefendant, in whose favor a final judgment is rendered in an action or a\nfinal order is made in a special proceeding, shall recover treble costs.\n 2. No person belonging to the organized militia of the state shall be\narrested on any civil process while going to, remaining at, or returning\nfrom any place at which he may be required to attend for military duty.\n