TOLL-GATE. A gate on a bridge or a turnpike where toll is collected for the right of traveling on them.
The right to obstruct a public road by means of a toll-gate and to demand payment of toll for passing must be given by an act of the legislature,—either a general'. incorpo ration act or special charter. In the absence of legislation authorizing it, such gate is a public nuisance as is any other purpresture. The maintenance of it may be punished by indictment or prevented by injunction ; Wales v. Stetson, 2 Mass. 1.43, 37 Am. Dec. 39 ; Maysville & Mt. S. T. Co. v. Ratliff, 85 Ky. 244, 3 S. W. 148; Craig v. People, 47 Ill. 487.
The granting of a franchise to construct a turnpike road implies the right to erect toll gates and collect tolls for the use of the road, and also to change the location of the gate from time to time ; Cow. v. Turnpike Road Co., 5 S. W. 743, 9 Ky. L. Rep. 538;
Fowler v. Pratt, 11 Vt. 369; but it has been held that after once locating a gate there is no power to change it, the power of location having been exhausted; Gourley v. Turnpike Co., 104 Tenn. 305, 56 S. W. 855; Griffen v. House, 18 Johns. (N. Y.) 397; Hartford, N. L., W. & T. C. Soc. v. Hosmer, 12 Conn. 361; but this view is criticised as being without either sense or justice; Thomps. Corp. § 5913; the power of location cannot be exer cised so as to create a nuisance; Snell v. Buresh, 123 Ill. 151, 13 N. E. 856; and a pro vision in the charter against the erection of gates within city limits does not require a company to remove gates brought within the limits of a city by subsequent extension thereof; Detroit v. R. Co., 43 Mich. 140, 5 N. W. 275.