§59-2-6. Where recovery of damages less than fifty dollars in
action ex delicto.
In any personal action not on contract, which might be brought
and prosecuted to judgment in a justice's court, if a verdict be
found for the plaintiff, on an issue or otherwise, for less damages
than fifty dollars, he shall not recover, in respect to such
verdict, any costs, unless the court enter of record that the
object of the action was to try a right besides the mere right to
recover damages for the trespass or grievance in respect of which
the action was brought, or that the said trespass or grievance was
wilful or malicious.