Cap. 12 Art. 822Demand for new trial may be availed of by defendant.

(1) The demand for a new trial may also be availed of by any of the defendants who, in the answer to the libel or petition, or in a note filed previously to the trial on that demand, shall have agreed to it.

(2) In any such case, the defendant may continue the proceedings, notwithstanding that the party who made the demand shall have waived it.