case anonymous a contract performable as well before as after a day mention in  the statute of W c at the election of the party be not within that Act of  parliament ld raym t Jones vent SC lev SC Mod SC Freem S c assumpsit the  plaintiff declare that the defendant in consideration of give to he by the  plaintiff assume on the that of October to assign in bankstock to the  plaintiff for the sum of at any time when he shall be request before the that  day of may then next ensue and the question arise upon the statute of W c by  which it be enact that every policy contract c make or to be make by any  person or person whatsoever and which by the tenor thereof be to be perform  after the first day of may upon which any premium already be or hereafter  shall be give or pay for liberty to put upon or to deliver receive accept or  refuse any share or interest in any jointstock tally order exchequerbill  Exchequertickets or bankbill whatsoever other than such contract c as be to be  perform within three day from the time of the make shall be utter null and  void to all intent c by which statute every contract by the tenor of it to be  perform after the saint day of may be avoid and whether this contract which be  make on the that of October by which the plaintiff have time to request the  assignment of the bankstock to be make to he until the that day of may be  within the statute and make void thereby be comens er p the question in debate  and Northey argue that it be not for this be not a contract which by the tenor  comens of it be to be perform after the first day of may for although the  plaintiff have liberty to perform the request of the assignment of the  bankstock to he until the that day of may which be nine day after the act take  place yet such request may be make before the first of may and so the contract  by the tenor of it be not to be perform after the saint day of may for a  contract to be perform after the first day of may be intendable of such a  contract which of necessity ought to be perform after that day and can be  perform before but a contract performable as well before as after that day at  the election of the party be not within the Act of parliament but be casus to  let go and he compare it to a case upon the statute of car c of fraud and  perjury by which it be enact that no action shall be bring c whereby to charge  any person c upon any agreement which be not to be perform within a year from  the make thereof unless the agreement be in write and a action be bring upon a  agreement by the defendant to pay so much upon his marriage but without any  write or memorandum of the agreement and the defendant do not marry within the  year upon the trial at guildhall before holt c j he be in doubt whether that  agreement be within the statute and whether it ought not to have be by write  and order that the opinion of the judge of the court shall be take and by the  major part of the judge in b r it be resolve that this be casus to let go for  that the defendant may have marry within the year and so it be not a agreement  which be not to be perform within a year and by consequence be not such a  agreement as be intend by the Act of parliament and he say he do not see any  diversity between the case