Chauncey against needham judgement be enter on a warrant of attorney by leave  of the court upon a affidavit make the day before of the defendant be alive  the court will not set it aside though the defendant die before the motion be  make and though if that have appear they will not have make the roll to enter  judgement the execution of the warrant need not be swear to by a subscribe  witness SC stram a motion be make and a rule thereupon grant November in this  term for leave to enter up judgement on a old warrant of attorney upon a  affidavit swear November that the defendant be live on the Saturday next  before the motion and it be now move by solicitor general strange to discharge  that rule and to set aside the judgement for that the defendant die at four in  the morning of the same day when the former motion be make and it have be  determine that death be a revocation of such warrant which lee c j grant and  he say there be no need to cite case to prove it and Mr solicitor object to  the affidavit upon which the rule be make that the execution of the warrant of  attorney be not swear by one of the subscribe witness thereto but only by the  plaintiff himself Andrews er p it be not swear that the defendant be indebt to  the plaintiff Andrews in the money on the warrant of attorney only but on that  and other security it be not swear that the defendant be live at the time of  the motion but on the Saturday before whereas it be necessary that he shall be  live at the time of the rule grant salk on the other side it be argue by Mr  Noel and other that this judgement relate to the beginning of the term which  must be consider as a single day of which there can be no fraction and  consequent be good by relation and as the defendant be alive in the term be be  to be regard as live throughout the whole term as to all judicial purpose  shelly case I   b SC more Poph Leon cro car SC hut SC hetl bull salk full  against Jocelin executor of lady Twisden a there a judgement be enter up on a  warrant of attorney within the year but in vacationtime after the death of the  party and after hear the case three time debate the court be of opinion on the  authority of salk that the judgement be good by way of relation to the first  day of the precede term as to the objection to the affidavit it be answer that  there be no need to prove the execution of the warrant by a subscribe witness  it be swear that there be due on the warrant of attorney and on other security  by which latter word be to be intend other security for the same sum beside if  part of it be due on the warrant of attorney it be sufficient the affidavit be  sufficient at the time when the rule be grant and it be now plain there be no  intend imposition on the court beside as to these objection there be a great  difference between make objection to a affidavit at the time of the original  motion and the set aside a rule already obtain for these reason the court be  clear of opinion that the objection to the affidavit be not sufficient to set  aside the rule the affidavit be they say accord to practice and common form  and they be also of Andrews opinion that although do rule will have be grant  if at the time of the motion it have appear the defendant be dead this be a  revocation of the warrant of attorney yet as the judgement be now enter it be  make good by way of relation within the reason of Shelleys case and the other  case of this nature and this case fall under the rule quod factum become non  debet send factum valet and lee c j say that though in the consideration of  fact the time may be particular compute yet in legal proceed the whole term  must be consider as one day and the reason be from the nature of business and  the impossibility of look exact into the time when thing be transact and by  chapel just though execution be sometime set aside after the death of the  defendant yet this be never do where the execution be test before motion  therefore deny S P Saville Wiltshire barn full Johnson Cas t Hardw see Andrews  Showell ray Sibbet Russell Cas t Hardw a post stram Barnard b r