cock and vivian vide before this matter come on again Mr Hussey and Mr  Robinson state their exception in arrest of judgement they say they apprehend  the law to be clear that toll be due from the buyer and not from the seller  unless a prescription warrant it for this purpose he cite Inst a prescription  they take to be necessary and that a custom will not be sufficient for this  reason though the lie this toll to be due secundum experience may be good if a  custom will be sufficient yet as they apprehend a prescription be necessary  they submit it that the allege this toll to be due secundum experience will  not be good though after a verdict but suppose toll be due from the defendant  in this case yet they apprehend a indebitatus assumpsit will not lie for it  for this purpose he cite roll Abr Lutw at least they conceive that a quantum  to deserve can not possible be maintain this objection though only take to the  form of the last count they say will go to the substance of the whole  declaration upon a demurrer they agree this will not be so for there if any of  the count be good the court will give judgement for the plaintiff but where a  general verdict be give one defective count viciates the whole sergeant chapel  argue on the other side and say he do agree that without a prescription toll  can not be due from the seller who be the defendant but after a verdict he  submit it that the allege it to be due secundum experience will make it good  with regard to the second point he conceive that a indebitatus assumpsit will  well lie and for this purpose he cite lev lev Ven keb show Mod as to the last  Barnardiston king b point he say that pickage and stallage be consider of  several species of toll to which purpose he cite Lutw and the place before  mention in Inst he observe likewise that it be express allege in the first of  the count that pickage and stallage be due to the plaintiff so that these duty  may well be include in the last count under the word tolnetum pickage and  stallage he say be uncertain duty though toll in the common sense of the word  may not and he apprehend there can be no sort of doubt but a quantum to  deserve will lie for those sort of duty the chief justice say that he do think  the second objection be answer but he have some doubt in regard to the first  and a great doubt in regard to the last he say he do agree that pickage and  stallage may sometime possible be include in the word toll but certain the  word toll be capable of a different sense so as not to include they by the  first count likewise the plaintiff have himself distinguish they and lie claim  to those different duty by name and in the last he have plain confine himself  to this one particular sort accord to the common sense of it and therefore he  conceive that it can in no way be intend to signify the other the rest of the  court be of opinion that this last exception be the most material and upon  that in particular think this matter deserve far consideration but in hill Geo  the rule for stay the judgement be discharge by consent Barnardiston king b er  p