Trial fee payable in advance; effect of failure to pay; recovery of fee as disbursement. (1) The trial fee in a justice court shall be paid to the justice upon the demand for a jury, and unless so paid the demand shall be disregarded and the trial proceed as if no demand had been made

(2) If the party paying the fee prevails in the action or proceeding so as to be entitled to recover costs therein, the fee shall be allowed and taxed as a disbursement and collected from the adverse party. [Amended by 2005 c.22 §35]