The defendant pleaded a tender on the sixth of March, 1823. The plaintiff replies a writ sued out the first Monday after the fourth Monday in October, preceding, That allegation is not denied by the rejoinder. It must therefore be taken as true, and if true, then the defendant’s *429plea ought nol to1 have been allowed, without shewing that he had tendered or offered to pay the costs also.

The motion must therefore be granted,