
    Gordon and Wood against Valentine and Smedes, Same against Smedes.
    Writs issue# intermmustbe tested in term; and if tested of the preceding term, they may be _ set aside for irregularity. But the Court will allowtheplaintiff to amend on payment of costs.
    BANCKER, for the defendants, moved to set aside the fi.fa. and ca. sa. issued in these causes, for irregularity. The judgments were entered up and docketted on the quarto die post of January term last, being the 8th day of January; and on the 9th day of January, the writs of execution were issued, tested on the 31st day of October, being the last day of the preceding term, and returnable, the fi. fa. on the 9th, and the ca. sa. on the 13th day of January, in Januctry term. The ca. sa. was returned and filed in the clerk’s office on the 14th of January, and a suit was thereupon commenced against the bail.
    
      P. W. Radcliff, contra.
    Writs may be tested in the term in which they are made returnable, or of the preceding term. (1 N. R. L. 318. sess. 36. c. 3. s. 2. 1 N. R. L. AO 1.)‘•The act is not imperative; and at common law, an execution may be tested before the judgment. (1 Sellónos Pr. 550.) Sellon says,- if writs are sued out in term, they are generally tested the first day of such term. (1 Sellon’s Pr. 89.) It does not. appear to be indispensable, in all cases, that a writ issued in term, should be tested in term. The reason for testing these writs of the preceding term was, that the office of Chief Justice was vacant. At any rate, the plaintiffs are entitled to amend.
    
      
      
        Vide ante, p. 1.
      
    
   Per Curiam.

The teste of these writs was irregular. Where writs are issued in vacation, they may be tested of the preceding term ; if issued in term, they must be tested of some day in the same term. (1 N. R. L. 318.) But the plaintiff may amend his writs on payment of costs.  