Per Curiam.
We have no power to compel the defendants to consent to a survey of their farms. The motion of the plaintiff must, therefore, be denied. We will not, however, compel the plaintiff to enter into the usual stipulation: but, inasmuch as it does not appear, but that the notice for trial might have been countermanded, when it ivas discovered that the survey was insufficient, the plaintiff must pay the costs of the last circuit.