162-23. Prevent entering jail for lynching; county liable.
When the sheriff of any county has good reason to believe that the jail of his county is in danger of being broken or entered for the purpose of killing or injuring a prisoner placed by the law in his custody, it shall be his duty at once to call on the commissioners of the county, or some one of them, for a sufficient guard for the jail, and in such case, if the commissioner or commissioners fail to authorize the employment of necessary guards to protect the jail, and by reason of such failure the jail is entered and a prisoner killed, the county in whose jail the prisoner is confined shall be responsible in damages, to be recovered by the personal representatives of the prisoner thus killed, by action begun and prosecuted before the superior court of any county in this State. (1893, c. 461, s. 7; Rev., s. 2825; C.S., s. 3945.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - Duties of Sheriff.
§ 162-13 - To receipt for process.
§ 162-14 - Duty to execute process.
§ 162-15 - Imposition of penalty; procedure.
§ 162-16 - Execute summons, order or judgment.
§ 162-17 - Duties of outgoing sheriff for unexecuted process.
§ 162-18 - Payment of money collected on execution.
§ 162-23 - Prevent entering jail for lynching; county liable.
§ 162-24 - Delegation of official duties.
§ 162-25 - Obligations taken by sheriff payable to himself.
§ 162-26 - Sheriff may establish volunteer school safety resource officer program.