Any person bringing an action or proceeding against a military officer of the state for any act done in the course of official duty, or against any person acting under the order or authority of such officer, shall give security for the costs, disbursements and reasonable attorney’s fees incurred by the state or defendant in defending the same, in the same manner and subject to the same rules, so far as applicable, as in the case of a nonresident plaintiff. And if the plaintiff fails to recover, such attorney’s fees may be taxed with the costs and disbursements and judgment therefor be entered against the plaintiff and the sureties on the bond.