case miller against Bradley if a judgement for the plaintiff be affirm on a  writ of error the last paperday of the term a testatum capias may issue on the  last day returnable the first day of the ensue term a writ of error be bring  on a judgement in the common plea and the judgement be affirm in the court of  king bench the last paperday of the last term it be contend that therefore the  capias ad to give satisfaction must be returnable in this term because the  judgement can not be sign until the quarto die post c if so then the plaintiff  have bring a testatum capias ad to give satisfaction that must be irregular  because there can be no capias ad to give satisfaction on a judgement not sign  and by consequence nothing to ground a testatum capias ad to give satisfaction  especial this action be bring by original e contra the objection be that this  action be bring by original no capias ad to give satisfaction can issue before  the judgement be sign and it be obtain the last paperday of the last term it  can not be sign till after the quarto die post c of this term so there be  nothing to warrant a capias ad to give satisfaction by consequence the  testatum capias ad to give satisfaction must be irregular modern report but  when the judgement be sign though in the latter end of the last term this by  relation be a sufficient foundation to sue out a capias the first day of the  term which will be a warrant to find a testatum returnable tres the number  three and so good to which it be answer that though to some purpose the term  be but one day in law yet to other purpose it be not so as for instance if  there be continuances there can be no judgement before they be enter and the  principal case be by original there can be no judgement enter until the quarto  die post of the follow term so there can be no such judgement as be now set up  to ground a testatum capias ad to give satisfaction see brand v mare term Rep  and Copperthwaite v Owen term a the court this be a judgement of the first day  of the term in which it be obtain by relation which be sufficient to ground a  capias ad to give satisfaction and by consequence a testatum capias ad to give  satisfaction and if there be no difference between a action by bill and by  original it be regular as to the continuances be carry on from one term to  another no such thing appear on the record so this execution be regular it be  true if the continuances have be enter no execution can be prior to such entry  and so be the case of prince v slaughter vent b and dobson v bell lev Rep c