Security by authority

§ 1212-a. Security by authority. 1. Each provision of statute or rule requiring a party to give security for the purpose of procuring an order of arrest, an injunction order, or a warrant of attachment, or as a condition of obtaining any other relief, or taking any proceeding; or allowing the court or a judge to require such security to be given, is to be construed as excluding an action brought by the authority; except where the security to be given in such an action is specially regulated by the provision in question.

2. In any action in which the authority shall be excused by statute from giving security on procuring an order of arrest, an order of injunction or a warrant of attachment, the authority shall be liable for all damages that may be sustained by the opposite party by reason of such order of arrest, attachment or injunction, in the same case and to the same extent as sureties to an undertaking would have been if such an undertaking had been given.

3. Upon an appeal taken by the authority, the service of the notice of appeal perfects the appeal and stays the execution of the judgment or order appealed from, without an undertaking or other security.