Section 1
SECTION 1. When a judgment has been rendered by a Court of First Instance, and any party to the action has been unjustly deprived of his day in court and the opportunity to be heard thereon, by fraud, accident, mistake, or excusable negligence, or has been prevented from entering an appeal from such judgment by fraud, accident, mistake, or excusable negligence, the Supreme Court sitting in banc may, in its discretion, and on reasonable terms, reverse and set aside the judgment so rendered, provided the party so aggrieved shall make application, as hereinafter provided, to the Supreme Court, within sixty days after the passage of this Act, if the judgment of which complaint is made has been rendered since the thirteenth day of August, eighteen hundred and ninety-eight, and prior to the passage of this Act, and has not been fully executed, and within sixty days after he first knows that such judgment has been rendered against him, in case the judgment complained of shall be rendered after the passage of this Act.