As all proceedings had been stayed in term, on certain conditions, those conditions should have been first complied with, to entitle the party to any benefit under the rule ; and it was certainly irregular to apply afterwards to a judge at his chambers for any further order. But as the defendants appear to have mistaken the former decision, the court will now stay proceedings on the same condi*105lions as were annexed last term, and on payment of all subsequent costs.
, As to the other objection, the court observed, that it was the duty of the defendants to have sought the plaintiff and tendered the costs.