1902

RIOTS.

[ART. 82

ARTICLE LXXXII.

RIOTS.

1. Owner of property destroyed by riot- ers to be compensated by the city or county. 2. Conditions of their liabilities; limita- tions.

3. When indemnity shall not be recov- ered. 4. Pleadings.

1904, art. 82, sec. 1. 1888, art. 82, sec. 1. 1860, art 82, sec. 1. 1835, ch. 137, sec. 1.
1. If in any county or incorporated town or city of this State, any
church, chapel or convent, any dwelling-houae, any house used or
designed by any person or any body corporate as a place for the transac-
tion of business or deposit of property, any ship, ship yard or lumber
yard, any barn, stable or other outhouse, or any articles of personal
property shall be injured or destroyed, or if any property therein shall
be taken away, injured or destroyed by any riotous or tumultuous assem-
blage of people, the full amount of the damage so done shall be recover-
able by the sufferer or sufferers by suit at law against the county, town
or city within whose jurisdiction such riot or tumult occurred.

As a conservator of the peace, the mayor has authority to call on citizens
to aid in the prevention and suppression of riots, and it is the legal duty of
the latter to respond. The general rule that a municipal corporation is not
liable for the misfeasance or non-feasance of its officers in respect to a duty
specifically imposed by statute on the officer, is not applicable to a suit under
this section. Admissibility of evidence. Prayers. Quaere, whether there can
be liability under this section where the town's charter does not create a
police force, nor confer any power to call on citizens to suppress a riot.
Hagerstown v. Dechert, 32 Md. 381.

Liability under this section is predicated on a tumultious assembly too strong
to be resisted without the aid of the city authorities. What is necessary to be
proved to recover under this section? Damages. Baltimore v. Poultney, 25
Md. 125.

This article is constitutional and valid. Hagerstown v. Sehner, 37 Md. 189.

Ibid. sec. 2. 1888, art. 82, sec. 2. 1860, art. 82, sec. 2. 1835, ch. 137,
sec. 1. 1867, ch. 282.

2. No such liability shall be incurred by any county, incorporated
town or city, unless the authorities thereof shall have had good reason
to believe that such riot or tumultuous assemblage was about to take
place, or having taken place, shall have had notice of the same in time
to prevent said injury or destruction, either by its own police or with
the aid of the citizens of such county, town or city, it being the inten-
tion of this article that no such liability shall devolve on such county,
town or city, unless the authorities having notice have also the ability
of themselves, or with their own citizens, to prevent said injury; and