The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-04-11

thority to summon and call Is Their aid
the oy-standers or posse comitdtus OF this
proper County, and all persons refusing
to obey the summons or call OF !, the
officers thus empowered, shall be deemed
guilty Of misdemeanor, and on conyio.
| tion thereof. be punished. and such war.
rants and other processes shall run and
be executed by said officers anywhere
within the Circuit or County in which
! they are issued.
SEC. z That any person who shall
hinder, prevent or obstruct any officer or
other person charged with the execution
OF any warrant or other process issued
under the provisions of this Act, in
arresting any person for whose appre-
henslon such warrant or other process
may have been issued, or shall rescue. or
attempt to rescue. suoh person from the
| custody OF the officer or person or per
sons lawfully assisting him as aforesaid.
or shall aid, abet or assist any person so
arrested as aforesaid, directly or indi-
rectly, to escape from tho custody OF the
ofhcer or person or persons assisting him
as aforesaid, OF shall harbor or conceal
any person for whose arrest warrant or
other process shall have been issued, so
as to prevent his discovery and arrest.
after due notice or knowledge of tho
TACT OF the issuing of such warrant or
| other process, shall on conviction for
| either Of said offences, be subject to a
fine not less than fifty nor more than one
thousand dollars, or imprisonment not
less than three months nor more than
ono year, or both, at the discretion of
tue Court having jurisdiction.
| SEC. 9. That any citizen who shall be
hindercd, prevented or obstructed in the
exercise Of the rights and privileges Sc
cured him by the Constitution and laws
OF tue United State, or by the Constitu-
tion ana laws of this State, or shall be
injured IN his person or property, be-
cause OF his exercise Of the same, may
claim and prosecute the County in which
| the offence shall be committed, for apy
damages he shall sustain thereby. and
tue 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 such County.
on warrant drawn by the County Com
missloners thereof, which warrant shall
be drawn by the County Commissioners
MS soon MS certified copy OF the iudg-
ment roll is delivered them for file in their
office.
SEC. j. In all 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 persons own
ing or interested in such property TO
bring suits against the County in which
such property was situated and being.
Tor the recovery Of such damages rs lie
or they may have sustained by rsason of
the destruction thereof; and the amount
which shall he recovered in said action
sllnll DO paid in tie manner provided by
Section S OF this Act.
| SEC. 10. That no person or persons
shall be entitled to the recovery of such
damages, If it shall appear that tho de-
structlon OF his, her or their property was
caused by his or their illegal conduct,
nor unless it shall appear that lie or they,
upon knowledge had of the intention or
attempt to destroy his or their property,
or to collect mob for that purpose, and,
sufficient time Intervening, gaye notice
| thereof to Constable, Sheriff. Trial
Justice or Justice of the Peace of the
County in which such property was stu
atcd and being; nnd 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 for the protection Of such pro
perty so attacked or threatened to be
attacked; md if such Constable, Sheriff.
Trial Justice or Justice of the Peace.
upon receipt Of such notice, or upon
knowledge Of such intention or attem pt
to destroy. such property. in anywise
received, shall neglect or refuse to per
form his duty in the premises, he or
they SO neglecting or refusing shall be
liable for the damages done to such pro-
pcrty, to be recovered by action, and
shall also be deemed guilty of misde.
mennor III Office, and, on conviction
thereof, shall forfeit his commission.
SEC. IL. That nothing in this Act shall
be construed to prevent the person or
persons whose property is injured or de-
strn'yed from having aud maintaining his
or their action against all and every per-
son and persons engaged or participating
in said mob or riot, to recover full
damages for any injury sustained: Pro
ri'ieh, no" 'rer. That no damages shall
be recoycrcd by the party injured against
any Of the said rioters for tho same
injury for which compensation shall be
made by the County.
Sec r. That it shall be lawful for the
County Commissioners Of the Comfy