case sir robert jefferies against Watkins in a action on the case for not  bring good sell to the common beam the omission of state that the good be sell  by weight be aid after verdict S c Carth cro car ray Jones Mod show stram Com  dig pleader c b r h burr burr Cowp term Rep fitzg ld ray Mod stram stram post  Mod ld ray ld ray this be a action bring for a duty to be pay for weigh of  good at the common beam of London set forth that the lord mayor c time out of  mind keep a common beam and weight and servant to attend the weigh of good and  that the defendant buy good c but do not bring they to the beam to be weigh  per quod adj to send away upon not guilty plead there be a verdict for the  plaintiff it be move in arrest of judgement that the plaintiff have not bring  himself within the entry for he do not modern say that the defendant sell the  good by weight and this be a fault which be not help by a verdict this have be  certain nought upon a demurrer and be substance be not aid by this verdict  this be substance for the duty appear to be whole in respect of the weight  which be keep now weigh be the principal and it be nowhere allege that the  good be weigh elsewhere or that they be such which be usual sell by weight  then there be no need of bring of they to the beam if one prescribe to a  common and do not say for cattle levant et couchant the prescription be not  good this be the consideration of the duty it ought to be precise allege as in  a assumpsit where the plaintiff declare that in consideration that the  defendant owe he forty pound be promise to pay it ante start nearer journey to  London and allege that such a day to take hold iter suum ad London but for  omit the word proxime judgement be arrest after verdictYelv cro James a  because the duty do arise upon the commencement of his next journey the true  reason why anything be help by verdict be for that the thing shall be presume  to have be give in evidence at the trial Mod Mod ld ray fitzg stram b Mr  pollexfen contra here be enough set forth in the plea to show that the good be  not weigh and it must be give in evidence at the trial that they be sell  contrary to the custom which be the only offence to be prove the want of  averment that the good sell by the defendant be not weigh shall not vitiate  this declaration after a verdict to prove this some authority be cite as where  in trespass the defendant justify for common by prescription for beast levant  et couchant and that he put in his beast act  common and issue be take upon  the prescription and find for the defendant and though he do not aver that the  cattle be levant et couchant yet it be hold that it be cure by a verdict  Corbyson v Pearson cro Elizabeth cro James side palm cro fear Com dig sand c  and of this opinion be three judge now but Allibon justice differ for say be  if this declaration shall be good after a verdict then a verdict will cure any  fault in plead judgement for the plaintiff