The difeharge ordered at laft January Term was conditional, and it was the duty of defendant to have paid the cofts to plaintiff, without waiting for a demand, or the tender of a bill. If he is relieved now, it muft be on payment in-*81Jlanter of the coils ordered laft January Term, and alfo the coils of the fubfequent proceedings, including the coils of refiíting this application.
Let him take the effe£l of his motion on thofc conditions. , f jgfr;basofc+i/s, ¿ off*" fi, '