In all cases of lynching when death ensues the county in which such lynching takes place shall, without regard to the conduct of the officers, be liable in exemplary damages of not less than two thousand dollars, to be recovered by action instituted in any court of competent jurisdiction by the legal representatives of the person lynched, and they are hereby authorized to institute such action for the recovery of such exemplary damages. A county against which a judgment has been obtained for damages in any case of lynching shall have the right to recover in any court of competent jurisdiction the amount of such judgment from the parties engaged in such lynching and is hereby authorized to institute such action.
HISTORY: 1962 Code Section 10-1961; 1952 Code Section 10-1961; 1942 Code Section 3041; 1932 Code Section 3041; Civ. C. '22 Section 5601; Civ. C. '12 Section 3947; Civ. C. '02 Section 2844; 1896 (22) 214.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 51 - Death By Wrongful Act And Lynching
Section 15-51-10. Civil action for wrongful act causing death.
Section 15-51-20. Beneficiaries of action for wrongful death; by whom brought.
Section 15-51-30. Effect of illegitimacy.
Section 15-51-40. Damages; amount and to whom payable.
Section 15-51-41. Court approval required for settlement of wrongful death or survival action.
Section 15-51-42. Approval of settlements of wrongful death or survival actions.
Section 15-51-50. Liability for costs.
Section 15-51-60. Effect of action prior to death.
Section 15-51-210. When county is liable for damages for lynching.