The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1840-02-19
AN ACT in relation to Courts of Justice nnc
the proceedings therein.

Re il rnnc,.J To- III Ge.e.ai Ass' r'bi' '"'i"--
Ss.'isap lredBe7uac cBB5S apINgr oIRe Tsotrft soart
rendering Judgment, may award costs Tor or a
ual,,sl the painIif or defendant, or Tor neliLer,
10 their discretion, according To the crcuustan-
ces ol the case.
Sec. .. The supreme Judicial court shall
have power upon application "i any married
person, and for the causes for which by law u
divorce may be decreed, or tor such other caus-
ss as may seem 10 them To require II. To assign
I to such person a separate maintenance out oi
the estate or property OF the husband or whe OF
such person, III sucI manner rs they may deem
best. And they shall have full power TO regu-
lare the custody oi children OF the persons s."
complaining. And they may issue any process
winch may be necessary Ton carrying INTO effect
the powers hereby granted 10 them, aud may
prescribe the iorns OF the same. The notice
to be given in cases of applications under this
section, shall be such AS may be prescribed by
the rules ui said Court III ease ot peiitious ior
divorce. Provided thai any justice OF saId court
may IN vacation, upon reasonable notice and
proof make such interlocutory DEGREES, or
grant Temporary mjunctious as may be ueces-
sary, uutil hearing can be had before the
cour.
Sec g. Whenever by accident, nrgclct
or otherwise, the clerks of 'he supreme Ju-
d,clal court, or court of common pleas, u'ny
have failed Ia record the proceedings" "i snid
courts, they shall have power 10 direct ihe
acting clerk of said courts Ia record said pro-
cecd,nss upon such evidence as may to
them seem satisfactory; giving notice to
the parties Interested or lhrirn,lornies, where
they may deem il proper from the c'rcnm-
stances of the CASE. .'...'.
Sec. 4. La addition tn the actions which
survive bv the common law, the following
also shall survive, VIZ: z:.aoinmls al r-riev'n,
aud trevor; of the case Tor. waste "f t-es-
pass for assault, battery Imprisonment, ."r
! Tor conds taken aud carried, away; apd aa-
tons of lrrspass on the case tor damages
done To real or personal estate, all the ae-
iions herein before men,luned may be ORG
inaly com,nenced nnd prosecuted by aud
against executors aud administrators; auu
| if commenced Ivy or against the original par
" in his life time, they may be prosecuted
or defended by or against his executor OF
administrator, whenever any of said actions
are commenced ar prosecuted against the
executor or administrator of the original
parties, the plaintiff shall be entitled to re-
cover only for the value "i ihe goods i"Na"'
or the damage actually sustained, without
any viudic,ivc or exemplary damages, "r
damages for any alleged outrage 10 the feel
ings "f The injured party.
Sec. 3. No complaint for flowing of land,
&c. made under any of the ncis heretofore
regulating wuier mills. shall he nba,ed b.,
reasun of the death of any party thereto ;
hut the same may he prosecuted "r defend
eel by the surviving c"mpl"innnts or res
pon,lent, or the heirs, exrculors, or nd'"m-
isirn,ors Of the deceased. Aud II ANY such
complaint shall he nba,ed, or otherwise de-
feated, or the judgment reversed, or nn,
matter Of form, the complainant or lns heirs,
executors ar administrators, may bring "
new complain, for the same cause Al, ANY
lime within one year from such abatement
determination or reversal; and may upo.
new coinplai II recover such damages ns shalt
hsye been sustained from tho ins,Iu,inn OF
the original cotnp'1ini.