The broad ax., 1917-08-11

purpose of exercising correctional
powers or regulative powers over any
person or persons by violence, and
without lawful authority, shall be re
garded and designated as a mob
Section 2. The term serious in.
jury for the purposes of this act
shall include any injury to property
which shall cause damage to the
owner thereof or any injury to the
person which shall temporarily OF
permanently disable the person in,
jured from earning a livelihood.
Section 3. Any person or persons
who shall compose a mob, with the
intent to infiict damage or injury to
the person or property of any indi.
vidual charged with a crime, or, I'm.
der the pretense Of exercising cor.
rectional powers over such person or
persons by violence, and without auH
thority of law, shall be subject to a
fine of not less than one hundred dol
lars nor more than one thousand dol
lars, and may be imprisoned in the
county Jail not less than thirty days
nor to exceed twelve months for each
and every offense.
Section 4. Any person or persons,
whether composing a mob under the
Of on%
shall by violence inf1ict damage to the
property or serious injury to the
person of any other person upon the
pretense of exercising correctional
powers over such person or persons,
by violence and without authority
of law, shall be deemed guilty of a
felony, and shall suffer Imprisonment
in the penitentiary not exceeding five
years; and any person so suffering
damage to property or injury to per-
son by a mob shall have an action
against the county or city in which
such injury is inflicted, for such dam
ages as he may sustain, to an amount
not exceeding five thousand dollars.
Section 5. The surviving spouse,
lineal heirs, or adopted children of
any such other person or persons
who, before the loss of life, were de-
pendent for support upon any other
person who shall hereafter suffer
death by lynching at the hands of a
mob, in any county or city of this
State, shall recover from such county
or city damages for injury sustained
by reason of the loss of life of such
person, to a sum not exceeding ten
thousand dollars.
Section 6. If any person shall be
taken from the hands of a sheriff,
or his deputy, having such person in
custody, and shall be lynched, it shall
be conclusive evidence of failure on
the part of such sheriff to do his duty,
and upon the fact being made to ap-
,ear to the Governor, he shall pub !
ish proclamation declaring the of
ice of such sheriff vacant, and his
,fice shall thereby and thereat i'm
be vacated, and the cor
,ner shall Immediately succeed to
md perform the duties of sheriff I'M
il the successor of such sheriff shall
lave been duly elected or appointed,
to the existing law provid-
ng for the filling of vacancies in such
,fice, and such sheriff shall not
hereafter be eligible to either cleo
ion or reappointment to the Office of
sheriff: Provided, however, that
such former sheriff may, within ten
lays after such lynching occurs, file
With the Governor his petition for
to the Office of sheriff,
md shall give ten days notice of
he filing of such petition to the pros
,cuting attorney of the county in
which such lynching occurred, and
Ilso to the Attorney General. If the
Governor, upon hearing the evidence
nd argument, If any presented, shall
ind that such sheriff has done all in
lis power to protect the life of such
prisoner and performed the duties re-
Iuired Of him by existing laws re-
pecting the protection of prisoners,
hen such Governor may reinstate
uch sheriff in his Office and shall
ssue to him q certificate of reinstate-
nent the same to be effective on the
lay Of such order Of reinstatement
nd the decision Of such Governor
hall be final"