Although it seems fair that if the plaintiff has shewn himself ready to try, the rule should not after-wards be inforced against him5 yet we think it will be most convenient to consider the rule as in force from the time it

is taken, until the cause is concluded, because it puts both parties on the same footing. There has been a difference of opinion upon this subject, but the court now agree in adopting this as the construction of the rule.