TOLL, from the Saxon " tolne ;" in zoll " (called in Law Latin " telonium," " theolonium," and " tolnetum," with many other variations, which may be seen in Ducange, all which Latin terms are derived apparently from readsnov," collection of tribute or revenue"), is a payment in money or iu 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 forborne to be exercised by the party who is entitled to such payment.
The owner of land may in general prevent others from crossing it either personally 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 reasonable compensation for the accommodation : this is toll-traverse.
Where a corporation, or the owner of particular lands, has imme morially repaired the streets or walla of a town, or a bridge, &c., and, in consideration of the obligation to repair, has immemorially received certain reasonable sums in respect of persons, cattle, or goods passing through the town, such sums are recoverable at law by the name of toll thorough.
An ancient toll may be claimed by the owner of a port in respect of goods shipped or Landed there. Such tolls are port-tolls, more coin manly called port-dues. The place at which these tolls were set or assessed was anciently called the Tolsey, where, as at the modern Exchange, the merchants usually assembled, and where commercial courts were hold.
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 considera tion 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. In some cases by ancient 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 differeut hands, the atallage 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 implied promise of payment ; or be 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 ordinary occurrence. But it seems to be very probable that many ancient payments of this descrip tion, though presumed, from their being so long acquiesced in, to have a lawful origin under a royal grant, were in fact mere encroachments. The evil was, however, practically lessened by the exertion of the royal prerogative of granting immunities and exemptions from liability to the payment of tolls, either in particular districts or throughout the realm; a prerogative exercised also by inferior lords who poesessed jury 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 turnpike-roads or bridges, itc., in respect of the passage of passengers or the conveyance of cattle or goods.
The term toll is applied to the portion which an artificer is, by custom or agreement, 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; else 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 landholders in the mining districts of the west, have their officers, called " toilers." TOLLEItS. [Tom.]