(1) No action shall be entered upon the docket of any court nor any original mesne or final process issued in the action, except in criminal cases and cases where the state is plaintiff, until the fees for entering the case upon the docket and for issuing the writ and the taxes thereon, if any, are paid, or bond and security to the approval of the clerk given therefore.
(2) No clerk shall be liable to an action for refusing to docket a cause or issue any writ unless the fee and tax thereon is first tendered or secured as provided in this section.