The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1871-05-20


process, shall, on conviction for either Of
said offences, be subject to a fine of not
less than fifty, nor more than ono thou
sand dollars, or Imprisonment of not less
than three mouths, nor more than one
year, or both, at the discretion Of the
Court hayinS jurisdiction. sr u
SEQ 8. That any citizen who shall be
hindered, prevented or obstructedted in
the exercise of the rights aud privileges
secured to him by the Constitution aud
laws Of the United States, or by the
Constitution and laws of this State, or
shall be injured in his person or property
because Of his exercise Of the same, may
claim and prosecute the County in which
the offence shall be committed for any
damages he shall sustain thereby, and
the said county shall be responsible for
the payment of such damages as the
court may award, which shall be paid by
the county treasurer Of spch county on a
warrant drawn by the county commits
sioners thereof; which warrant shall be
drawn by the county commissioners as
soon as certified copy of the Judgment
roll is delivered them for file in their
office.
SEC. 0. In ell cases where any dwell.
ing house, building, or any property,
real or personal, shall be destroyed in
consequence Of any mob or riot, it shall
be lawful for the person or persens own
ing or interested in such property to
bring suits against tho county in which
Such property was situated aud being, for
the recovery of such damages as he or
they may have sustained bv reason of the
destruction thereof; AT the amount
which shall be recovere. in said action
shall be paid in the manner provided by
Section 8 of this act.
SEC. 10. That no person or pers, n
shall be entitled to the recovery of such
damages if it shall appear that the de-
struction of his or their property was
caused by his or their illegal conduct,
nor unless it shall appear that he or they
upon knowledge had of the intention or
attempt to destroy his or their property,
or to collect mob for that purpos,, and,
sufficient time intervening, gave notice
thereof to constable, sheriff, or trial JUS
tice or justice of the peace of the coun-
ty in which such property was situated
and being; and it shall be the duty of
such constable, sheriff, trial justice or
justice of the peace, upon receipt of such
notice, to take all legal means necessary
Tor the protection of such property as
attacked, or threatened to be attacked
and, if such constable, sheriff, trial JUS
tice, or justice of the peace, upon receipt
OF such notice, or upon knowledge of
such intention or attempt to destroy such
property, in any wise received, shall neg
lect or refuse to perform his duty in the
premises, he or they so neglecting or re-
fusiag shall be liable for the damages
done to such property, to be recovered
by action, and shall also be deemed gull
ty of misdemcanor in Office, and, on
conviction thereof, shall forfeit his com
mission.
SEC. IL. That nothing in this act
shall be constructed to prevent the per-
son or persous whose property is injured
or destroyed from having aud maintain
ing his or their action against all and
every person and persons engaged or par
ticipating in said mob or riot, to recover
full damages for any injury sustained:
Provided, however, That no damages
shall be recovered by the party injured
against any Of the said rioters for the
same injury for which compensation
shall be made by the county.
Sec. II. That it shall be lawful for
the county commissioners Of the county
against which damages shall be recover.
ed under the provisions of this act to
bring suit or suits, in the name of the
county, against any and all persons en-
gagged, or in any manner participating in
said mob or riot, and against any con
stable, sheriff, trial justice, or justice of
the peace or other officer charged with
the maintenance Of the public peace,
who may be Liable, by neglect of duty,
to the provisions of this act, for the re-
covery of all damages, costs and cxpen-
ses incurred by said county, and such
suits shnll not nhate or Enil hu rnnsnn of