Kirkpatrick C. J.
This act is cumulative, and does not restrain the power before possessed by the court. The settled law in actions of ejectment,.was, to order costs at any time, but not for delay of oppression. In practice, the issue is always joined when the consent rule is entered into; and it would be unreasonable, in this action, to refuse this rule to a party. Court.
Let the rule remain.
Den, Bray vs. Drake, 3 Hal. 305.