Page:The statutes of Wales (1908).djvu/358

226 for a Rule to show Cause why a New Trial of such Action should not be granted, or Nonsuit set aside and a new Trial granted, or a Verdict entered for the Plaintiff or Defendant, or a Nonsuit entered, as the Case may be, in the same Manner as hath been usually heretofore done in Actions depending in the said Courts, and tried at Nisi Prius before any Judge of Assize, by virtue of any Record issuing out of the said Courts; and that thereupon it shall and may be lawful for the said Courts to grant such Rule, and proceed to hear and determine the Merits of the same, in such Manner and Form as hath been heretofore done in Actions depending in the said last-mentioned Courts, and tried as aforesaid; and in Case the Courts shall make the said Rule absolute, which they are hereby authorized and empowered to do, and order a new Trial to be had between the Parties in such Action, that upon the Party or Parties who shall have obtained such Rule delivering an Office Copy of such Rule so made absolute, to the proper Officer of the Court of Great Sessions where such Cause was tried, all Proceedings upon the former Verdict or Nonsuit so obtained in the said Courts of Great Sessions shall cease, and the said Actions shall proceed to Trial at the next or some other Great Sessions, to be holden in and for the County in which the same was tried as aforesaid, in like Manner as if no Trial had been had therein; or in case of a Verdict being ordered to be entered for the Plaintiff or Defendant, or a Nonsuit being ordered to be entered, as the Case may be. Judgment shall be entered accordingly.

3. And be it further enacted by the Authority aforesaid, That a Transcript of the Record for which such new Trial shall be moved, or Motion made for altering the Verdict, or entering or setting aside a Nonsuit, certified by the Prothonotary of the said Courts of Great Sessions respectively, or his Deputy, shall be transmitted to the Court to which such Application shall be made as aforesaid, for the Purpose of such Motion for a new Trial, or setting aside such Nonsuit and granting a new Trial thereon, or entering a Verdict for the Plaintiff or Defendant, or entering a Nonsuit, and which Transcript the said Prothonotary or his Deputy is hereby authorized and required to deliver on Demand, on Payment of the usual Fee; and that the Costs of such Application for a new Trial and setting aside such Nonsuit, or entering a Verdict for Plaintiff or Defendant, or entering a Nonsuit, shall be in the Discretion of the said Court to award and order to and by which Party to such Motion the same