The court ordered, that the rule entered at the last term, for arresting judgment, be vacated ; and that judg" ment be entered, as of that term for the defendants, for the insufficiency of the declaration; and further, that the attorney for the defendants make up., and file the record in due form, in twenty days, after service of a copy of this rule, or that the plaintiff make up the record, with a remittitur of the costs by the defendant. Rule granted.