No action for personal injuries or damages to real or personal property shall be maintained against the town or any duly appointed policeman thereof, unless:
(A) The action is commenced within one year after the cause of action therefor has arisen; or
(B) Notice of the intention to commence the action and of the time when and the place where the damages were incurred or sustained has been filed with the clerk of the legislative council and with the policeman concerned within six months after the cause of action has accrued.
('66 Code, § 50-3)