The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1863-05-14
Published April II, 1868
e 2fE.

AN G TO provide for compromising parties whose
property may be injured or destroyed in con-
sequence of mobs OF riots.
Tie pcople Of The state of Wisconsin represented an
senate and assembly do enact as foHocs:
Section l. Whenever any buildings or other
real or personal property shall be injured or des-
troyed, in consequence OF any mob or riot the city
in which the same shall occur, or if not in a city,
then the county IN which such property was stu
ated, shall be liable to an action, by or IN behalf
of the party whose property was thus destroyed
or injured, for the damages sustained by reason
thereof.
Sec. .. Such action or actions may be brought
and conducted in the same manner that other ac-
tions may be prosecuted by law, and the judg-
meut may be appealed from in the manner now
provided for appeals in civil actions and when
ever any fual Judgment shall be recovered against
any such city or county III any such action, such
judgment shall be paid and collected as Oth9r
Judgments against such city or county.
Sec. ). No person or corporation shall be en-
titled to recover in any such action. if it shall APP.
pear upon the trial thereof, that such destruction
or injury of property was occasiOned. or in any
manner aided, sancti 0ned or permitted by the
CareleSsuess or negligence of such person or cor
poration nor shall any person or corporation be
entitled To recover any damages for said destTuc~
ton or injury of property as aforesaid unless such
party shall have used all reasonable diligence to
prevent such damage, and shall notify the mayor
of such city, or the sheriff of such county, simne~
NLdtciN d4'bf ueIuS NIpfiSeu 81 any LATCdt OF III
tempt to destroy or iniure his or their property by
any mob or riot, of the facts brought TO his knowl-
edge and upon the receipt of such n~otice.i it shall
be the duty of such officer to take ali legal means
to protect the property attacked or threatened
and any such officer or officers who shall refuse
or neglect TO perform such duty, shall be liable to
the party agrgieved for such damages as said par
ty may have sustained by reason thereof: Vr0U9-
lied said party thall elect TO bring his action against
such officer instead ofsuch city or county.
Sec l. Nothing in this act shall be construed
to prevent any person or corporation whose prop
eriy has been injured or destroyed by any mob or
riot, from having or maintaining an actiontagainst
each and every person engaged or in any manner
participating IN such riot or mob.
Sec, D. No action shall be maintained against
any city or County under the provisions ofthis act,
unless tue Same shall be brought within six mouths
aItes tle loss. or injury.
Sec. Is. II shall be lawful for any city, by its
board Of aldermen or trustees, and for any counN
Nv. by it's board of county Supervisors, whenever
such city or county shall be liable to an action IN
der the provisions of this act, to agree, in writing,
wilh the own r of the property destroyed or in"
iured, upon the sum TO be paid by such city or
on shall be paid as claims Of q general nature
agai INST such city or comfy.
sec. :. Any city or county which shall pay any
sum under the provisions of this act, whether paid
! upop Judgment or settlement may recover the full
value of tile property injured, in an action against
any and all the persons IN any manner engaged III
such destruction or injury and in such action the
Judgment recovered against or the settlement made
bv such city or county, may be offered and shall
be received as primG face evidence of the value
of the property destroyed or injured;
Sec i. This act shall take effect and be in
force from and after lis passage and publication,
Approved APP ril i, 1868.