case buckley against GUILDBANK Trinity term James roll if a agreement be make  on may to lend money for a year at legal interest and the lender take a bind  of that date for payment of principal and interest on may next ensue yet it  shall not be construe usurious if it appear to be a mere mistake of the  scrivener and not a usurious intention in the party for the word next ensue  shall refer to the month and not to the day ante roll Abr cro car vent Jones  Mod hawk p c sheep touch Cowp dougl term Rep ejectment of a message in London  upon not guilty plead and issue thereupon a special verdict be find that  Robert Guildbank be possess of a lease for year of the say message and upon  may it be agree betwixt he and John smith lessor of the plaintiff that he  shall lend to the say Robert Guildbank one hundred and twenty pound for a year  then next follow upon security for the repayment of the say hundred and twenty  pound and of twelve pound for the interest thereof upon may and that he lend  the say hundred and twenty pound accord and the say Robert Guildbank the say  may be oblige with he in a bind of two hundred and sixty pound with a  condition for the payment of the say one hundred and thirtytwo pound upon the  that day of may next ensue and for the better assurance of the payment of the  say one hundred and thirtytwo pound he then make this lease by indenture to  the say John smith with a condition that if he pay the say one hundred and  thirtytwo pound at the day and place mention in the condition of the  obligation that then the assignment shall be void and they find that the  scrivener who draw this obligation and assignment by mistake the say agreement  betwixt they draw it in this manner and that the say John smith seal the  counterpart of the say indenture croak James er p of assignment they find the  statute of Henry c and Elizabeth c S of usury and that the say one hundred and  thirtytwo pound be not yet pay whereupon John smith James enter and make the  lease to the plaintiff who enter and the defendant oust he et si super totan  means c and here upon argument two question be move first whether these word  the that of may next ensue shall be intend may the twelvemonth after for then  there can be any question of the usury or shall be intend the same month of  may which be the next day follow second and then the question be if usurious  or no and thereupon Doderidge and Houghton hold that next ensue shall be  intend of the same month of may which be the next day after unless the  circumstance of their agreement have be find that the agreement be to lend it  for a year and to make payment thereof at the year end then these word  doubtful to which they shall be refer may be intend and croak throw extend to  be to may twelvemonth follow and the doubt of the usury take away as dyer but  general may next follow shall be intend to be the that of may of the same  month but lea chief justice hold that next follow shall not be refer to may  next follow unless some matter in the same deed may be show and not a  collateral agreement find by the jury nor any collateral deed but they all  hold although it shall be expound to refer to may the same month and year  which be the next day as it be in Prescot case a yet forasmuch as the  agreement be find to be to make the loan for a year and that the assurance be  for the payment at the end of the year and by the scrivener mistake it be make  Payable the next day it be not usury within the statute for there be not alley  corrupt agreement betwixt they but a true and a absolute agreement and the act  of a stranger shall not bring he within the danger of the statute especial it  be find that he do not require his payment until after the year but lea chief  justice say if he have seek by reason of this misprision to have take  advantage of the forfeiture for nonpayment upon the next day peradventure it  will have discover a corrupt intention in he and that he know of that  misprision at the beginning and will take advantage thereof and this shall  bring he within the statute of usury but as it be find it be clear it be not  any usury nor the assurance to be avoid by the statute wherefore it be adjudge  for the plaintiff