Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1840-03-12

AN ACT IN relation to Courts Of Justice
and the proce edings therein.
BE ii enaeted by the General assembly as
foitocs:
Section |. In ell actions Of assumpsit
where judgment is rendered upon appeal, the
court rendering judgment. may award costs
or for against the plaIn tiff or defendant, or
for neither, in their discretion, according to
the circumstances Of the case.
Sec. 2 The supreme judicial court shall
have power upon application of any married
person, and for the causes for which by law a
divorce may be decreed, or for such other
causes as may seem to them 10 require 1t,
to assign to such person a separate Hlainten-
ance out OF the estate or property the hu g.
band or wife OF such person, in such manner
as they may deem best And they shall have
full power TO regulate the custody ofchlldren
Of persons SO complaining. And they may
issue any process which may be necessary
for carrying into effect the powers hereby
granted to them, and may prescribe the forms
OF the same. The notice TO be given in ca
ses Of applications under this section, shall
be such as may be prescribed by the rnes Of
said court in case Of petitions for divorce
Provided that any justice Of said court may
IN vacation, upon reasonable notice and proof
make such interlocutory DEGREES, or grant
temporary njunctons az may be necessary,
until hearing can be had before the court.
Sec. 3. Whenever by accident, neglect or
otherwise, the clerks of the supreme court,
or court of common pleas may have failed to
record the proceedings Of said courts, they
shalI have power to direct the acting clerk of
said courts to record said proceedings upon
such evidence as may 10 them seem satlsiac-
tory; giving notice to the parties interested
or their attornles, where they may deem it
proper, from the circumstances Of the case.
Sec. a. In addition to the actions which
survive by the common law, the following al
so shall survive, viz: actions Of replevin, and
trevor Of the case for waste of trespass
tor assault, battery, imprisonment, or tor
goods taken and carried away; and actions
OF trespass and trespass on the case for
damages done to real or personal estate, oil
the actions herein before mentioned may be
originally commenced and prose by and
against executors and administrators and ii
commenced by or against the original party
IN his life time, they may be prosecuted or
defended by or against his executor or ad-
mlnisirator, whenever any Of said actions are
commenced or prosecuted against the exec
utor or administrator Of the original parties.
the plaintiff shall be entitled to recover only
for the value OF the goods TAKEN or the dam
age actually sustained, without any vindc,-
i've or exemplary damages, or damages for
any alleged outrage to the feelings Of the in
jured party.
Sec. 5. No complaint for flowing Of land,
&c. made under any of the acts heretofore
passed regulating water mills, shall be abated
by reason Of the death Of any party thereto !;
but the same may be prosecuted or defended
by the surviving compalnants or respondents.
or the heirs, executors. or administrators Of
the deceased. And if any such complaint
shall be abated, or otherwise defeated, or the
judgment reversed, for any matter OF form,
the complainant or his heirs, executors or ad-
InInlsirn'ors, may bring new complaint for
the same cause at any time within one year
from such abatement, determination or rever.
sal and may upon such new complaint re-
cover such damages as shall have been sus-
tanned from the institution Of the original
complaint.
True copy-witness:
HENRY BOWEN, Secry.