case peachy against Osbaldiston it be usury to take more than legal interest  by way of discount on a action on a promissory note against the defendant as  endorsor to the plaintiff the follow case be make at the assize the note be  draw in October by one f S Payable in January follow for two hundred pound in  October the defendant agree with the plaintiff that he shall discount the note  for which he pay the sum of four guinea afterward on the twentyeighth of  January when the note become Payable the defendant offer the plaintiff eight  guinea for the forbearance of the payment for six month but the plaintiff  insist on ten guinea which the defendant be oblige to pay it be prove at the  trial that ten pound per cent be the usual discount of note to goldsmith and  other in the city it be also prove that in order to smother the appearance of  usury the defendant modern er p give the plaintiff a fresh promissory note  date on the twentyfifth January Payable in six month that it may not be say to  be so much money advance on one note the question in this case be whether this  be a usurious contract or agreement within the Ann c so as to make the note  void modern the word of the statute be that if any person take either direct  or indirect more than the sum of five pound for the forbearance of payment of  one hundred pound for the space of one year and so in proportion for any less  or great time such contract agreement c shall be absolute void will chief  justice this be plain within the word of the Act in two particular though in  the first place they have endeavour to evade it by draw a fresh note yet the  word direct or indirect clear comprehend it and in the next place it be for  forbearance of payment it be express within the word of it there be no  occasion at present to take into consideration the matter of discount but it  will be very extraordinary if it shall not come within the statute and by that  mean the force of the Act will be entire take away for a usurer have nothing  to do but get a fictitious note draw and endorse upon which he may discount  what sum he please at a exorbitant interest the rest of the judge be of the  satne opinion judgement be give for the defendant modern michaelmas term the  fourteenth of George the second in the king bench sir William lee Knt chief  justice sir Francis page Knt sir Edmund probin Knt sir William chapel Knt  justice sir Dudley rider Knt attorney general sir John strange Knt solicitor  general