case Newberry and his wife vers STRADWICK in c b it be sufficient to insert in  the copy of the issue by way of replication to a plea of nul tall record quod  to have tale record though not under counsel hand barn prac Reg S c this be a  action of debt in this court on a judgement in the king bench the defendant  plead no such record the plaintiff reply to have tale record and a day give to  bring it in upon this the defendant make up the issue and deliver a copy of  the issue with the replication which be accept by the plaintiff and pay for  and the record not be bring in the defendant sign a non pro it be now move by  sergeant Belfield that when no such record be plead where the record lie in  the same court upon which it be pray quod per cur to see c the issue may be  make and deliver and it be well but when the record be in another court there  ought to be a special replication deliver quod to have tale recordan under  counsel hand and it be not sufficient to insert it in the copy of the issue  deliver for thereby the king will be defraud of the stamp and it be agree that  there ought to be a replication quod to have tale record but it be certify by  the prothonotories that of late it have be hold sufficient to insert such  replication in the copy of the issue deliver and that be on stamp paper it be  the same thing in respect to the duty as if deliver in a comens paper by  itself and prothonotary Borrett say that this have be several time do and  allow and prothonotary Thompson say that the plaintiff have accept the copy of  the issue and pay for it it be too late for he to complain of it in the case  of Sedgwick v Richardson there be a motion to set aside a judgement because  the plaintiff have not deliver a replication in form and give a rule to rejoin  but it appear that the defendant attorney have a reed to take the issue as  deliver the court hold that he thereby wave form of a replication and rule and  therefore they discharge the rule which have be grant to show cause   g for if  he have not acquiesce in it though he can not refuse to pay for the copy of  the issue yet he shall have strike out that part and sir George cook  prothonotary show a cause where after pay for the issue it be hold too late to  complain and the court be of that opinion the case of fox v lewing report in    g receive a similar determination from the court with the present comens er p