722 LIABILITY OF COUNTIES, INCORPORATED TOWNS, ETC. [ART. 67.

1870, c 56, s 2 Where judg- ment imposing fine is affirmed, court to have power to com- mit Limit of im- prisonment.

5. Where any judgment of a justice of the peace imposing any fine or penalty for the violation of any law or ordinance, shall be affirmed upon appeal, the court to which such appeal is taken shall have the power to commit the defendant or appellant in case of non- payment of such fine or penalty and costs; provided, that no person shall be imprisoned under this section for a longer period than thirty days for any one offence.

XIII.—LIABILITY or COUNTIES, INCORPORATED TOWNS,
AND CITIES FOR DAMAGES FROM RIOTS.

1 When county or incorporated town or city liable for damages to property 2 In what cases, within what time actions to be prosecuted.

3 Where reasonable diligence used to prevent, indemnity not allowed 4 Pleading

Art 82, s 1 1835, c 137, s 1. County, or in- corporated town or city liable for damages to property from riots. 25 Md 107 . 32 Md 369 , 37 Md 180	1. If in any county or incorporated town or city of this State, any church, chapel, or convent, any dwelling-house, any house used or designed by any person or any body corporate as a place for the transaction of business or deposit of property, any ship, ship-yard or lumber-yard, barn, stable, or other out-house, 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 assemblage of people, the full amount of the damage so done shall be recoverable by the sufferer or sufferers by suit at law against the county, town, or city within whose jurisdiction such riot or tumult occurred.
1867, c. 282 In what cases liable 37 Md. 180.	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, cither by its own police or with the aid of the citizens of such county, town, or city, it being the intention 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 citi- zens, to prevent said injury; that any cause of action that may have heretofore arisen under the first section of this article, shall
Within what times actions to be prosecuted	be prosecuted within the period of five years from the time of such cause accruing, and not after; and all causes under the first section hereafter accruing shall be prosecuted within the period of three years from the time of accrual of the same.
Art 82, s. 3. 183S, c 137, s I Where reason- able diligence used to prevent,	3. In no case shall indemnity be received when it shall be satis- factorily proved that the civil authorities and citizens of said county, town, or city, when called on by the civil authorities thereof, have