The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1871-05-03

shall be drawn by tho county
commissioners as soon as q ccrti-
fed copy Of tho Judgment roll is
delivered thcm for flo in their
office.
SEC. 8. In oil cases whcro any
dwelling house, building or any
property, renl or Personal, shall
no destroyed in consequence Of any
mob or riot, it shall DO liable Tor
tho porson or persons owning on
Interested in such property to
bring suits against tho county in
which such property was situated
and being, for tho recovery Of such
damages as he or they may havo
sustained by reason Of tho dcstruc-
tion thereof, and the amount hich
shall be recovered in said action
shall DO paid in tho manner pro-
vided by section 8 Of this act.
SEC. 10. That no person or persons
shall DO entitled to the recovery of
such damages ifit shall appear that
tho destruction of his or their
property was caused by his or
their illegal conduct, nor unless it
shall appear that ho or they, upon
knowledge had Of the intontion or
attempt to destroy his or their
property, or to collect mob for
that purpose, and, sufficient timo
intervening, g"ve notice thereof
to n constable, sheriff, trial justice
on justice Of tho peace of tho coun-
ty in which such property was
situated and being and 1t shall be
the duty Of such constable, sheriff,
trial justice or justice OF tho peace,
upon receipt of such notice, to take
all legal means necessary for the
protection Of such property 30 at
tackled, or threatened to be at
tackled and ifsuch constable, She
riff, trial justice or justice Of the
peace, upon receipt OF such notice,
or upon knowledge Of such int.n-
ton Or attempt to destroy such
property, in anywisc received,
shall neglect or refuse to perform
his duty in tho premises, he or
they, SO neglccting or refusing,
shall be liable for tho damages done
to such property, TO DO recovered
by action, and shall also be deemed
guilty Of Il misdemeanor in office,
and on conviction thereof shall
forfeit his commission.
SEC. II. That nothing in this
actShall bo construed to prevent tho
person or persons whose property
is lnjhrcd or destroyed from hav-
ing and maintaining his or their
action against all and every per-
son and persons engaged or par
ticiputing in snid mob or riot, to
recover full damages for any in
Jury sustained: Provided, ho,Ucver,
that no damages shall be recovered
by the party injured against any
Of tho said rioters for the samo in
jury, for which compensation shall
be made by tho county.
SEC. IL. That it shall DO lawful
for tho county commissioners of
the county against which damages
shall DO recovered under tho pro-
visions of this act, to bring suit or
suits, in tho name Of tho county,
against any and all persons en-
gagged, or in any manner partici-
puting in said mob or riot, and
against any constable, sheriff, trial
Justice or justice Of tho peace
or other officer, charged with
tho maintenance Of the pub
lie peace, who may bo liable by
neglect Of duty to tho provisions
Of this act. for tho recovery Of all
damages, costs and expenses in
currod by said county, and such
suits shall not abato or fail by
reason Of too many or too few
parties defendant being namod
therein.
Approved February %, 1871.