anonymous July injunction extend to stay trial vide supplement p in action by  a corporation for petty custom till answer where defence at law may arise out  of the answer bill lie for account of toll after the right be establish at law  corporation of Carlisle v Wilson Ves the rule of discovery by answer unless  subject to penalty depend not on the rule of law discovery grant here on  dispute between two lord of a manor motion on the part of the plaintiff  certain trader to stay trial in action at law bring by the defendant the  corporation of Exeter for petty custom and to continue the injunction already  grant until discovery make by answer of what those custom be vesey senior Lord  chancellor the demand make by the action at law be of great consequence to the  trade of this kingdom here be nothing but a shipload of hemp which be a cheap  commodity and the demand for that be no less than pound for petty custom which  if they have a right to be a great burden on trade that make it of consequence  but though it be such a demand I will not introduce a new rule of equity to  enable the defendant at law to make defence to it but I be of opinion this  motion be upon the old rule of equity it have be refuse to inspect at la  wonder into corporation book and right because court of law will not give that  liberty to any one who have not some right or claim to it be a member of the  corporation so as to a manor in a question between lord and tenant a court of  law will give liberty to inspect book of the courtrolls but not in a question  between a lord of one manor and a lord of another yet on a bill in this court  for a discovery this court will grant it Ves sen so that the rule of discovery  here by answer unless a discovery be pray which subject to a penalty do not  depend on the rule at law for inspect book of a corporation or courtrolls this  be a motion to extend a injunction to stay trial and the general rule be on  such motion that some reasonable matter be lie before the court that the  defence of law must or may arise out of the answer of the defendant here and  it be high reasonable to stay proceed at law in this case until that discovery  be make and that from the nature of the declaration it be a demand of petty  custom which I doubt whether they can be claim by prescription be different  from toll which may arise from private right though they must be by grant of  the crown to support toll there must be either prove or presume a con vesey  senior er p sideration on which they be find petty custom and ancient duty of  the crown be different note port be like market with which the crown be  entrust and may grant the duty to a subject in consideration of repair the  port per Lord Mansfield Cowp mayor of Exeter v Trinlet Trin Geo c b mayor of  Yarmouth v baton Trin Geo b r it have be doubt whether or no the crown can  have they otherwise than by act of parliament presumed to be lose and that be  a controversy between sir John Davis and Yelverton concern the right of the  crown to imposition upon merchandise if then the crown must have it by act of  parliament which must be within time of memory how can a corporation or  private person claim they by prescription by show a grant from the crown they  may have they upon this trial it way come out upon either of the count  especial on the indeb assumpsit which be last lie they may show some grant of  the crown and then the defendant in the action may have liberty to show  something against that this happen in several case and vesey senior where  notwithstanding plaintiff be to recover by his own strength yet shall have a  discovery as in a dispute between two lord of the manor the injunction must be  to stay trial until answer or further order