TOLL, from the Saxon " tolne ;" in German, "zoll" (called in Law Latin " telo nium," " theolonium," and " tolnetum," with many other variations, which may be seen in Ducange, all which Latin terms are derived apparently from ems, " collection of tribute or revenue "), is a payment in money or in kind, fixed in amount, made either under a royal grant, or under a prescriptive usage from which the existence of such a grant is implied, in consideration of some service rendered, benefit conferred, or right for borne to be exercised by the party who is entitled to such payment.
The owner of land may in general pre vent others from crossing it either per sonally or with their cattle or goods, by bringing actions against trespassers, or distraining their cattle or goods. These remedies cannot be resorted to where the owner of the land has acquiesced in its being used as a public way ; but in such case there may have been a royal grant, enabling the party to demand a reason able compensation for the accommoda tion this is toll-traverse.
Where a corporation, or the owner of particular lands, has immemorially re paired the streets or walls of a town, or a bridge, &c., and, in consideration of the obligation to repair, has immemorially received certain reasonable sums in re. erect of persons, cattle, or goods passing through the town, such sums are re coverable at law by the name of to-1 thorough.
An ancient toll may be claimed by the owner of a port in respect of goods shipped ,,z• landed there. Such tolls are port-tolls, r.tore commonly called port-dues. The place at which these tolls were set or assessed was antiently called the Tolsey, where, as at the modern Exchange, the merchants usually assembled, and where commercial courts were held.
Another species of toll is a reasonable fixed sum payable by royal grant or prescription to the owner of a fair or market, from the buyer of tollable articles sold there. The benefit which forms the consideration of this toll is said to be the security afforded by the attestation of the sale by the owner of the fair or market, or his officers. It is not due unless the article be brought in bulk into the fair or market. Where, however, the proper and usual course has been to bring the bulk into the fair or market, the owner of the fair or market may maintain an action against a party who sells by sample, in order to de prive him of his toll. In some cases, by antient custom, a payment, called turn toll, is demandable for beasts which are driven to the market and return unsold.
The term toll is sometimes extended to the compensation paid for the use of the soil by those who erect stalls in the fair or market, or for the liberty of picking holes for the purpose of temporary erections ; but the former payment is more properly called stallage, and the latter picage; and if the franchise of the fair or market, and the ownership of the soil on which it is held, come into different hands, the stall age and picage go to the owner of the soil, while the tolls, properly so called, are annexed to the franchise.
If tolls are wrongfully withheld, the party entitled may recover the amount by action as for debt, or upon an im plied promise of payment; or he may seize and detain the whole or any part of the property in respect of which the toll is payable, by way of distress for such toll. If excessive toll be taken by the lord, or with his knowledge and consent, the franchise shall be seized ; if without such consent, the officers shall pay double damages and suffer imprisonment. (Stat. 3 Edw. I. c. 31.) Grants of tolls were formerly of very ordinary occurrence. Bat it seems to be very probable that many antient pay ments of this description, though pre sumed, from their being so long ac quiesced iu, to have a lawful origin under a royal grant, were in fact mere encroach ments. The evil was, however, practi cally lessened by the exertion of the royal prerogative of granting immunities and exemptions from Lability to the pay ment of tolls, either in particular districts or throughout the realm ; a prerogative exercised also by inferior lords who pos sessed jura regalia.
The term " toll " is used in modern acts of parliament to designate the payment directed to be made to the proprietors of canals and railways, the trustees of turn pike-roads or bridges, &c., in respect of the passage of passengers or the convey ance of cattle or goods.
The term toll is applied to the portion which an artificer is, by custom or agree ment, allowed to retain out of the bulk in respect of services performed by him upon the article ; as corn retained by a miller in payment of the muleture ; also to the portion of mineral which the owner of the soil is entitled, by custom or by agreement, to take, without payment, out of the quantity brought to the surface, or, as it is technically called, to grass, and made merchantable, by the mining adventurer. To collect these dues the duke of Cornwall, and other great land holders in the mining districts of the west, have their officers, called " toilers."