toll

[t]o take away, bar, defeat, [or] annul." See 18 Oxford English Dictionary 204 (2d ed. 1989); Webster's New International Dictionary 2662 (2d ed. 1957) ("[t]o take away; to vacate; to annul"); Oxford Latin Dictionary 1947 (1982) ("tollere," the Latin origin, means to "remove" or "lift").

Toll at common law includes a large class of dues and exactions that are in the nature of fixed rights, and cannot be lawfully exceeded, and are generally, if not universally, connected with some franchise which involves duties as well as privileges of a general or public nature, such as those which belong to fairs, markets, mills, turnpikes, ferries and bridges. 41 Mich. 279. A sum of money for the use of something generally applied to the consideration which is paid for the use of a road, bridge, or the like, of a public nature. The compensation paid to a miller for grinding another person's grain. The rate of taking toll for grinding is regulated by statute in most of the states. See 2 Washb. Real Prop.; 6 Q. B. 31. A Saxon word originally signifying a payment in towns, markets, or fairs for goods and cattle bought and sold there. It is now also popularly applied to the charges which canal and railroad companies require for the transportation of goods; but it does not necessarily import an immediate payment. The word means nothing more than a compensation for the privilege or service granted; and the period of payment depends, as in other cases, on the understanding of the parties. Various definitions of the term collected, and the nature of tolls, considered. 29 Barb. (N. Y.) 589; 3 Abb. Ct. App. Dec. (N. Y.) 1 Keys (N. Y.) 72. To bar, defeat, or take away; as, to toll an entry into lands is to deny or take away the right of entry. To toll the statute of limitations is to interrupt its running. See "Tolls."

A sum of money for the use of something, generally applied to the consideration which is paid for the use of a road, bridge, or the like, of a public nature. The compensation paid to a miller for grinding another person’s grain. Quoted in Lake S. & M. R. Co. v. U. S., 93 U. S. 458, 23 L. Ed. 9G5. The rate of taking toll for grinding is regulated by statute in most of the states. See 2 Washb. R. P.; 6 Q. B. 31. See Rates. A state has no power to regulate tolls upon a bridge connecting it with another state without the assent of congress and without the concurrence of such other state in the proposed tariff; Willamette I. B. Co. v. Hatch, 125 U. S. 1, 8 Sup. Ct. 811, 31 L. Ed. 629. In Anglo-Saxon, the right to take tallage of one’s villeins. 1 Holdsw. Hist. E. L. 11. To bar, defeat, or take away: as, to toll an entry into lands is to deny or take away the right of entry. To toll the statute of limitation is to show facts which remove its bar of the action.

n.

In English law. Toll means an excise of goods; a seizure Ot some part for permission of the rest. It has two significations: A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market; a tribute or custom paid for passage. Wharton. A Saxon word, signifying, properly, a payment in towns, markets, and fairs for goods and cattle bought and sold. It is a reasonable sum of money due to the owner of the fair or market, upon Bale of things tollable within the same. The word is used for a liberty as well to take as to be free from toll. Jacob.

In modern English law. A reasonable sum due to the lord of a fair or market for things sold there which are toliable. 1 Crabb, Real Prop. p. 350, § 683. In contracts. A sum of money for the use of something, generally applied to the consideration which is paid for the use of a road, bridge, or the like, of a public nature. See Sands v. Manistee River Imp. Co., 123 U. S. 288, 8 Sup. Ot. 113, 31 L. Ed. 149; Wadsworth v. Smith, 11 Me. 283,'26 Am. Dec. 525 ; Pennsylvania Co.al Co. v. Delaware & H. Canui Co., 3 Abb. Dec. (N. Y.) 477; St. Louis v. Green. 7 Mo. App. 476; McNeal Pipe & Foundry Co. v. Howland, 111 N. C. 615, 16 S. E. 857, 20 In R. A. 743; Boyle v. Philadelphia & R. R. Co.., 54 Pa. 314.

— Toll and team. Words constantly associated with Saxon and old English grants of liberties to the lords of manors. Bract, fols. 56, 104b, l24b, 154b. They appear to have imported the privileges of having a market, and jurisdiction of villeins. See Team.

— Toll-gatherer. The officer who takes or collects toll.

— Toll-thorough. In English law. A toll for passing through a highway, or over a ferry or bridge. Cowell. A toll paid to a town for such a number of beasts, or for every beast that goes through the town, or over a bridge or ferry belonging to it. Com. Dig. "Toll," C. A toll claimed by an individual where he is bound to repair some particular highway. 3 Steph. Comm. 257. And see King v. Nicholson, 12 East, 340; Charles River Bridge v. Warren Bridge, 11 Pet. 582, 9 In Ed. 773.

— Toll-traverse. In English law. A toll for passing over a private man's ground. Cowell. A toll for passing over the private soil of another, or for driving beasts across his ground. Cro. Eliz. 710.

— Toll-turn. In English law. A toil on beasts returning from a market. 1 Crabb, Real Prop. p. 101, § 102. A toll paid at the return of beasts from fair or market, though they were not sold. Cowell.

v. To bar, defeat or take away; thus, to toll the entry means to deny or take away the right of entry.

toyle.

In Scots law. Toll

' 1, V. To bar, defeat, take away: as, to toll an entry into lands; entry to Us the statute of limitations. Tolled: removed, barred. 2, n. A Saxon word, originally signifying a payment in towns, markets, or fairs for goods and cattle bought and sold there. Now, popularly app Ued to the charges which canal and railroad companies make for transporting goods.* The legal meaning is, a tribute or custom paid for passage, not for carriage — always something taken for a liberty or privilege, not for a service; and such is the common understanding.^ Thus, the tolls taken by a turnpike or canal company do not include charges for transportation; such tolls are merely an excise to be paid for using the way.» In common-law usage, "toll" applies to a large class of dues and exactions in the nature of fixed rights, and which cannot lawfully be exceeded. It is almost universally connected with some franchise, which involves duties as well as privileges of a public or private nature. The right to receive fixed tolls is found in fairs, markets, mills, turnpikes, ferries. I Moran v. Lezotte, 54 Mich. 87 (1884), Cooley, C. J. JEevenue Act 13 July,, 1866, § 9: 14 St. L. 180; 1 Hughes, 326. a A S tacen, pointing out, indicating. 4 Jones V. State, 50 Ind. 476 (1875), cases, Buskirk, J. •People V. Johnson, 10 Johns. •292 (1815). • People V. Donaldson, 70 Cal. 118 (1886), cases. ' Probably allied to tale, tally: tell, account. 8 Pennsylvania Coal Co. v. Delaware, &c. Canal Co., 29 Barb. 692 (1859).. Boyle V. Philadelphia, &c. E. Co., 54 Pa. 314 (1867), Strong, J.; Pennsylvania E. Co. v. Sly, 65 id. 210 (1870), bridges, and many other classes of interests where the owner of the franchise is obliged to accommodate the public and the public are protected from extortion by an obligation to pay regular dues.' Neither by the common law of England, by its statutes, nor by customary usage there or in the United States, is the word limited to compensation for the use of a road, a way, a mill, or a ferry, where the moving power comes from the party using it; but, on the contrary, it is and always has been applied to compensation for such use when the thing used, and the motive power by which it was used, came from the party charging the toll, as well as when it came from the party paying it. It is, therefore, a word properly used to express the charges made by railroad companies for transportation of persons or property in the manner which is now usual, if not universal.'' Tollage. The sum charged as toll; also, the franchise under which the charge is made. Toll-thorough.. A sum demanded for a passage through an highway, or for a passage over a ferry, bridge, etc., or for goods which pass by such a port in a river." Toll-traverse. A toll granted and claimed for going over the land of a grantee.* See Bridge; Street; Turnpike.

V. To bar, defeat, or take away; thus, to toll the entry, means to deny or take away the right of entry. Tolled: barred; taken away.

contracts, is a sum of money for the use of something, generally applied to the consideration which is paid for the use of a road, bridge, or the like, of a public nature. Toll is also the compensation paid to a miller for grinding another person’s grain.