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TWENTY-FIFTH LEGISLATURE.

No. 29.]

STATE OF MAINE.

[HOUSE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND

FORTY-FIVE.

AN ACT making towns liable for certain personal

injuries.

Be it enacted by the Senate and House of Represent2 atives in Legislature assembled—as follows:

3 When any of the persons unlawfully or riotously as4 sembled as mentioned in the fifth section of chapter 5 159 of the Revised Statutes shall assault, beat or ' 6 injure any person or persons, the city or town in 7 which such assault or injury shall be committed, shall 8 be liable to indemnify the person or persons so as9 saulted or injured in an action of the case, which ac10 tion shall not abate by the death of the plaintiff'; and 11 in case any person or persons shall be killed by reason 12 of any such assault or battery, his executor or admin3 istrator may maintain a special action on the case

Wm. T. Johnson, Printer to the State.

14 therefor against said city or town for the benefit of 15 the heirs at law of the deceased; provided, that the 16 person so assulted or injured shall have used all 17 reasonable to prevent such assault or injury.

PROPOSED AMENDMENT.

A.

Insert the word diligence after the word "reasonable "

in the last line.

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