case FITZACHERLY against wiltshire easter term Geo a custom of the city of  London that none but freeporters shall carry corn be good S c Mod S c stram  York solicitor general a custom to restrain a trade to a particular place or  person or for the benefit of a particular community be good a cro Elizabeth a  for a bakehouse b Bulst b for grind at his mill c Abr Brownl c Gravesend boat  d Edward pl   d and for fold of sheep e Edward foe roll Abr pl e in Hilary  term in the second year of queen whether the judgement of the court be in  favour of this bylaw f see Cuddon v Eastwick salk Mod f it be object that  there be no consideration on the part of the city but there be consideration g  see sir g farmer be case   Ent g as to the number of porter there be a power  in the corporation to increase it but that be a matter of fact which the court  modern report er p can take notice of upon this return this custom may have a  reasonable commencement though it do not appear the long continuance of it  without interruption be a very good argument that it have a reasonable  foundation it be object that it extend to bind stranger all custom that extend  to sole trade bind stranger and be only useful as such it appear to be in the  port of London and be take notice of as such in the lawbook this be a bylaw  find on a custom and a custom may be to one who have no district in the place  it have likewise be say that the subjectmatter be not proper for the city to  make a bylaw upon for it make they judge in their own case but there be  several case against that objection h Colchester v good carter and the case of  the city beam Ann h the court will take care that the penalty be reasonable I  barnardiston case lev I any act of the commoncouncil be the act of all the  freeman and it be no more than some of the member give tip their right to  other if it be void for extend beyond the limit it be good for the rest and  void only pro tanto which be agreeable to reason as award covenant c a case of  a bylaw may be good as to member of the university and void as to foreigner  king vent king this term Mr gapper e contra say that return to writ must be  certain to all purpose l   l in cro Elizabeth it be not aver that the weather  be not foul nor the vessel leaky in both which case any person be allow to  work modern report Pratt chief justice this may be a proper objection to a  declaration but we be not to consider that upon a return it be overrule in the  case of Fitzacherly v petre respect the city beam gapper this bylaw make a  corporation of the porter and a corporation can make a corporation a salk andr  a it be nowhere allege that the port be within the city they can allege a  custom to extend out of the city b Lutw   b the bylaw be void for it restrain  a matter of common right they be only to restrain or regulate trade but where  there can be no fraud there can be no restraint it be unreasonable in part so  in the whole void if one have a warehouse near the river he can remove his own  good for it be from the port and place adjoin wear in reply the case cite of a  bylaw be void for restraint of a particular labour be where there be no custom  such a custom may be good c   b c the objection do not arise from the nature  of the labour it will be more unreasonable to restrain a trade of art and  skill to which a person have serve seven year this do not appear to be out of  the liberty of the city it appear by old record that the river from  stainsbridge even to the sea be within the liberty d Edward lib king ancient  cite in stow survey charter of Henry Trinity term James roll coke Ent d it  appear upon the record that the porterage be only for good go out of and come  into the port of London and that be between stainsbridge and Yendale in ken e  lev e a custom extend beyond the limit of a city may be good a apprentice who  serve his time in London may use his trade anywhere in England f Mod f a  fraternity to have a succession may be create by a corporation Pratt chief  justice I think this a good bylaw and the custom that it be ground upon that  there may be a restraint upon trade be not now to be make a question it may be  more reasonable to restrain where no skill or art be require if the city have  time out of mind have this custom they be oblige to find proper person for the  dome of it the want of they will not only excuse the party from do of it but  subject the city to a action as in case of a ferry the custom have a  convenience in itself for the people and therefore reasonable as to its be  within the liberty of the city it have be right observe that the port of  London must be take to be within the liberty of London I do not know how to  distinguish it from the case of Gravesend the case of meterage of good be I  think the same and so of a town beam and the case cite by Mr wear be direct in  point a bylaw consist of several particular be in nature of several bylaws and  it do not follow that because one be have the whole be void modern report er p  modern report powys justice be of the same opinion Eyre justice the reason  that support the custom of weigh of good and measure be applicable to this for  the same reason may allow they the sole carriage as the sole meterage manly  case be in Michaelmas term in the eleven year of James the first and be on the  meterage custom in the eighteenth year of king James the bylaw be make upon it  I think they be strong authority to support this case the case of measurage be  lie in the same extent as this a custom for the city to have eightpence a tun  for all cheese bring into the port of the city lie as this there can be no  difference of restraint of skill or labour if any more unreasonable against  skill be so fortescue justice the antiquity be ground enough to induce the  court to believe it reasonable we may take notice of all the port in England  because the statute car appoint the settlement of the port there be a custom  of try felony commit in Middlesex at the oldbailey but by Eyre justice the  oldbailey sessionshouse be half in Middlesex and half in London per curian  there must be a procedendo