case woolly against Briscoe Tuesday June where the issue be immaterial and  where the defendant shall not take advantage of a bad replication S c stram by  the statute Geo c it be enact that every contract for sale or purchase of  subscription or stock of the south sea company which shall be unperformed or  shall not be compound between the party thereto by the twentyninth of  September or a abstract or memorial thereof sign by the party interest therein  and who shall be entitle to take advantage of the same shall be enter in book  keep for that purpose by the company to who capital such stock do relate at  some time before the first of November and in default of such entry every such  contract as to so much thereof as shall remain unperformed or not compound by  the twentyninth of September shall be void modern report the plaintiff bring a  action against the defendant to who he the plaintiff have sell some south sea  stock and entitle himself to the action by aver that he tender the stock at  the day and place agree on but that the defendant do not accept the same or  pay the money the defendant plead that the contract for the sale of the say  stock be not enter in the company be book at any time before the first day of  November secundum form to cause to stand so that the say contract be void the  plaintiff reply that the say contract be enter c before the first day of  November secundum form to cause to stand upon which they be at issue and the  plaintiff have a verdict it be move in arrest of judgement that this be a  immaterial issue for there be no affirmative and negative and consequent there  ought to be a repleader to which it be answer that the substance of this  replication be that the con modern report er p tract be enter secundum form to  cause to stand it be true the day and year be mention but that shall be reject  as surplusage the court a plea allege that the contract be not register  secundum form to cause to stand will be sufficient and if so the day may be  here reject especial be immaterial and not pursuant to the direction of the  Act this seem a reasonable construction of this plead especial since there  have be a verdict for the plaintiff on the substance the declaration be a good  declaration and so be the plea in substance though not in form and for want of  form in his own plea the defendant shall never take advantage by repleader  judgement for the plaintiff