Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-04-23
Published April II, 1885,
CHAPTER oil,

AN ACT to provide for compromising parties whose
property may be injured or destroyed in conse-
quence of mobs or riots. ...
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section1 L. Whenever any buildings other real
personal property shall be destroyed or injured
in consequence of any mob riot, the city in which
the same shall occur, or if not in city, then the
county in which such property was situated, sshau
be liable to action, by or in behalf of the party
whose property was thus destroyed or injured, for
the damages sustained by reason thereof.
Sec. 2. Such action or actions may be brought
and conducted in the same manner that other &C
tons may be prosecuted by law, and the Judgment
may be appealed from in the manner now provided
ior appeals in civil actions; and whenever any final
Judgment shall be against such city or
county In any such action, such judgment shall be
PAID and collected as other judgments against such
city or county.
Sec. 5. No person corporation shall be entitled
to recover 10 any such action, If it shall appear
upon the trial thereof that such destruction or In
jury OF property was accustomed or in any manner
aided, sanctioned or permitted by the careiessness
or negligence of such person or corporatloni nor
shall any person corporation be entitled to re-
cover any damages for any destruction or injury OF
property as aforesaid unless such party shall nave
used all reasonable diligence to prevent such
damage, and shall have notified the mayor OF such
city the sheriff OF such county, lmmedl-
ateiy after being apr sed of any threat or
attempt to destroy or injure his Or their prop
erty by any mob riot, of the facts brought
to his Knowledge; and upon the receipt OF such
notice, it shall be the duty Of such officer to take
all legal means to protect the property attacked or
threatened; and any such officer or officers who
shall refuse neglect to perform such duty, shall
De liable to the party aggreved for such damages
as said party may have sustained by reason there
of provided, said party shall elect TO bring his ac-
ton against such officer instead OF such city or
| county.
Sec. 4. Nothing in this act shall be construed to
l prevent any person corporation whose property
has been I'M ured destroyed by any mob or riot,
| from having maintaining action against each
and every person engaged or in any manner partic-
| ipating i'll such riot mob.
Sec. 5. No action shall be maintained against
city county, under the provisions OF this act
unless the same shall be brought within six months
| after the loss or in jury.
Sec o. 1t shall be lawful for any city by its board
of aldermen trustees, and for any county, by its
| board of county supervisors, whenever such city
| or county shall be liable to action under the
provisions of this act, to agree in writing, with the
owner OF the property destroyed or injured, upon
the sum to paid by such city or county, without
| action; and the sum agreed upon shall be paid as
l claims of general nature against such city or
| county.
Sec. Z. ANY city county which shall pay any
sum under the provisions of this act, whether paid
| upon judgment settlement, may recover the full
| action against any all the persons in any man
ner engaged in such destruction or injury; and in
| such action the judgment recovered against or the
| settlement made by such city or county, may be
| offered and shall be received pra7na tdcle evil
dence OF the value OF the property destroyed or
| jured.
Sec. S. This act shall take effect and be Ia force
| from and after its passage and publication.
| Approved April l, 1863. pN- COPY.