By the court. The commissioners having been named in the notice of the motion, and the plaintiff having neither joined nor objected, is now concluded. Hamilton then argued against the application, because it was uncertain how long it would tie up the cause, and the defendants had not entered into any stipulation. By the court. It is unnecessary, for they take the commission at their peril: let it issue. Hamilton hoped that it would be on paying the costs of the circuit. The court ordered them,- and seemed to think, that 1 / in all cases of delay, costs should follow.