If a civil suit or civil proceedings are commenced in any court by any person against any member of the South Dakota National Guard for any act done by the member in an official capacity in the discharge of any duty under this title, or against any person lawfully acting under authority or order of the member, or by virtue of any warrant issued by the member pursuant to law, the judge advocate general, or some other officer designated by the Governor, shall appear for the member, and the plaintiff in the suit may be required to file security for the payment of the costs that may be incurred by the defendant in the suit or proceedings. If the plaintiff is nonsuited or if a verdict or judgment is rendered against the plaintiff, the defendant shall recover double costs and such attorney fees as the court allows. The fees shall in the first instance be paid by the state and refunded by the defendant upon collection of the judgment.

Source: SL 1887, ch 100, § 55; CL 1887, § 1971; RPolC 1903, § 2508; SL 1903, ch 185, § 71; SL 1917, ch 297, § 73; RC 1919, § 10633; SDC 1939, § 41.0181; SL 2007, ch 187, § 66.