Sec.  9.  Whenever  it  shall  be  made  to  appear  to  the  satisfaction
of  the  court  of  common  pleas,  by  any  party  in  any  suit  commenced
in  said  court  in  which  there  is  not  by  law  a  right  of  appeal,  or  in
any  suit  brought  into  said  court  by  appeal  firom  a  justices'  court,
and  which  shall  have  been  tried  and  decided  in  said  court  of  com-
mon pleas,  within  one  year  previous  to  such  application,  that  by
reason  of  any  accident,  mistake  or  unforeseen  cause,  judgment  has
been  rendered  in  such  suit  on  discontinuance,  nonsuit,  default  or
report  of  referees,  or  that  such  party  had  not  a  full,  fair  and  im-
partial trial  in  such  suit,  and  the  court  shall  thereupon  think  it
reasonable  to  grant  a  trial,  or  in  case  a  trial  has  been  had  in  sacb
case  to  graid^  a  new  trial  therein,  they  shall  have  power  to  grant  or
to  refuse  to  grant  the  same,  upon  such  terms  and  conditions  upon
either  party,  as  the  said  court  shall  prescribe.
Sec.  10.  If  the  application  for  such  trial  or  new  trial  shall  be
made  at  the  same  term  in  which  such  suit  shall  have  been  tried  or
decided,  the  adverse  party  shall  be  holden  to  answer  the  same,
without  further  notice.
Sec.  11.  If  such  application  shall  be  made  at  any  other  term  of
said  court,  notice  thereof  shall  be  given  to  the  adverse  party  in  such
manner  as  shall  be  directed  by  general  rule,  or  otherwise  in  such
manner  as  the  court  may  direct.
