The question was not made by the record in this case as to whether or not the act of 1946 (Ga. L. 1946, p. 90), limits or restricts the powers of the superior courts in granting motions for new trial. See art. 6, sec. 4, par. 6 of the Constitution of 1945. There being no reason to assume that this court has passed on questions outside of the record, I concur in the judgment. *Page 200