case parkins against woollaston if execution be sue out before a writ of error  be allow or notice give there shall be no restitution S c post S c salk capias  on a judgement returnable such a day and non be invention return but not file  a writ of error be take out before the day of return of the capias but not  allow till that very day nor any notice thereof to the plaintiff attorney the  court say that the opinion in some book be that a writ of error be a  supersedeas to avoid execution from the ensealing thereof though not to punish  the officer until supersedeas come to he and of this opinion be roll but that  the law now be take that it be not a supersedeas until notice to the plaintiff  attorney and that the allowance thereof be sufficient notice or that actual  notice be before allowance the allowance of a writ of error be of itself a  supersedeas and the service of it be only to bring the party into contempt  Jaques v Nixon term Rep and where a capias ad to give satisfaction be  returnable against the principal on a particular day before which a writ of  error be allow and serve that operate as a supersedeas against the bail  although the can sa have be four day in the office before the allowance of the  writ of error Parry v Campbell term Rep a and they hold that if the writ be  execute before notice of writ of error the return or perfection thereof may be  after and if a capias be returnable such a day a modern er p execution of it  to sit curian that day be good by not but it seem to be now settle that a writ  may be well execute on the day of its return although the execution be  subsequent to the rise of the court Maud v Bernard burr Rep but in to know  facias against bail if they be summon on the return day only a hour before the  court rise the court will set aside the proceed web v Harvey term Rep b so  that they be all clear that if a writ be returnable as of yesterday but not  actual return and a writ of error be allow or notify today yet the return may  be make and file today and if a writ of error be allow or notify to sit curian  the day on which the writ of execution be returnable because it come to sit  curian while the writ of execution be executable and there can be well a  fraction of a day there it ought not to be return or file but be supersede but  if it be not notify until after the court be up at which time the execution be  executable there a return may be of the writ and that may be file and accord  to that diversity it be order to be file here per curian note it be upon a to  know facias against bail and no capias against principal plead