§ 46-18-15. Death of defendant pending action.
If there be several defendants in a suit, and one or more of them die pending the suit, the suit shall not thereby abate, but the cause shall proceed to judgment with the same effect as if the death had not occurred; and if there be but one defendant and he or she dies pending the suit, his or her death shall not abate the action, but the devisees or heirs at law may come into court within the period of forty (40) days next following the decease, and substitute their names as defendants instead of the deceased.
History of Section.G.L. 1896, ch. 122, § 16; G.L. 1909, ch. 148, § 15; G.L. 1923, ch. 178, § 15; G.L. 1938, ch. 636, § 15; G.L. 1956, § 46-18-15.
Structure Rhode Island General Laws
Title 46 - Waters and Navigation
Chapter 46-18 - Damages from Milldams
Section 46-18-1. - Right of owner to continue and improve dam and pond.
Section 46-18-2. - Action for damages from dam — Liability of mill and dam for recovery.
Section 46-18-3. - Jury trial of damages.
Section 46-18-4. - Scope of damages appraised.
Section 46-18-5. - Appraisal of future yearly damages.
Section 46-18-6. - Appraisal of damages in gross.
Section 46-18-7. - Election between yearly damages and damages in gross.
Section 46-18-8. - Effect of election — Judgment.
Section 46-18-9. - Judgment on failure of plaintiff to make election.
Section 46-18-10. - Execution against mill and dam.
Section 46-18-11. - Effect of sale on execution — Redemption.
Section 46-18-12. - Cessation of yearly damages after removal of dam.
Section 46-18-13. - Death of plaintiff pending action.
Section 46-18-14. - Sale of cotenant’s interest pending action.
Section 46-18-15. - Death of defendant pending action.
Section 46-18-16. - Maximum period of detention of natural stream.