
    
      Burr v. Skinner.
    BOYD, for the plaintiff, moves for costs, because the defendant put off the trial at the circuit on affidavit and notice of a motion to be made at the succeeding term fof a commission, the issue having been joined during the vacation.
    Pendleton, contra.
   Per Curiam.

When a defendant, in such case, wishes to sue out a commission, he must give notice of it, before he receives notice of trial, or within a reasonable time, according to circumstances, and such notice shall stay proceedings: but, if it is after notice.of trial, he must pay costs to that time. Here the defendant was negligent in waiting till he had first received notice of trial, and he' must, therefore, pay costs.

Motion granted.  