Whenever any property of the value of fifty dollars ($50.00) or more is destroyed or injured to that amount by any persons to the number of six (6) or more unlawfully, routously, riotously, or tumultuously assembled, the town or city within which the property was situated is liable to indemnify the owner of the property to the amount of three-fourths (¾) of the value of the property so destroyed or three-fourths (¾) of the amount of the injury to the property, to be recovered in a civil action in any court proper to try a civil action; provided, that the owner of the property uses all reasonable diligence to prevent its destruction or injury by unlawful assembly and to procure the conviction of the offenders.
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