case warren against Prideaux Trinity term car roll a prescription to have a  bushel of salt of every ship that come load with salt within a certain port in  consideration of maintain the quay and keep a bushel to measure the salt be  not good S C keb S C ray S C lev S C Freem ail post lev ray ld ray stram burr  Cowp term Rep a distress and avowry for toll the prescription be for toll in  consideration of maintain the key and keep a bushel to measure salt videlicet  that in consideration thereof he and those c have have time out of mind c a  bushel of salt of every ship that come load with salt into SlipperPoint  pollexfen for the avowant allege that the maintain of the key be for public  good   full Charta roll it be true it be not allege that they do actual use  the weight and measure Leon but it be allege that the ship come within  SlipperPoint it be enough to charge the plaintive with the payment as for the  distress take which be part of the ship lade videlicet salt it be object that  it can be distrain because it be part modern of the thing from which the duty  arise but I answer that this be not like to a distress upon land nor to be  judge of accord to the rule allow in case of such distress there be cite on  this side Henry pl cro Elizabeth smith v shepherd dyer Courtney contra I  conceive this prescription ought to have some consideration and to be ground  on a meritorious cause to bind a subject the keep of the bushel be no  meritorious cause because it be presume that the party have the use of it  himself hale chief justice the prescription be not for aport but a wharf if  any man will prescribe for a toll upon the sea he must allege a good  consideration because by great Charta and other statute every one have a  liberty to go and come upon the sea without impediment wile justice this  custom or prescription be lie to have a bushel of salt of every ship that come  within the SlipperPoint if a ship be drive in by stress of weather and go out  again the first opportunity that present shall that she pay hale chief justice  if he have say that he have a port and be bind to maintain that port and that  he and all those who estate he have c that may have be a good prescription but  in this case there must be a special inducement and compensation to the  subject by reason of those statute by which all merchant and other have  liberty to come in and go out the court incline that the prescription be not  good and judgement be give for the plaintiff