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TOLL (etymologically, that which is n...

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Originally appearing in Volume V26, Page 1053 of the 1911 Encyclopedia Britannica.
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TOLL (etymologically, that which is numbered or counted; from a See also:common See also:Teutonic See also:form, cf. " See also:tale," " tell ") , a sum of See also:money paid for the use and enjoyment of a See also:privilege or See also:advantage. In See also:England it is now usually a sum of money; but formerly tolls in See also:kind were frequent. Among the sins of the See also:Miller in See also:Chaucer's See also:Prologue is that he could " tollen thryes," in that he was See also:clever enough and See also:rogue enough to subtract thrice the legal See also:allowance from the See also:corn he ground. In a See also:note to the See also:Heart of Midlothian, See also:Scott asserts that the name of Lockman given in Old Scots to the hangman was because he was entitled to take a See also:lock or fixed toll out of every See also:boll of See also:meal exposed in the See also:market for See also:sale. An See also:act of 1796 for the regulation of See also:mills, substituting a money See also:payment for tolls of corn in kind taken by millers, makes an exception for tolls taken by See also:custom in See also:soke mills. The Weights and See also:Measures Act 1878 enacts that all tolls are to be charged and collected according to imperial weights and measures. The word " toll " in See also:early times had various meanings, thus it is defined by Glanville as the See also:liberty of buying and selling in one's own See also:land: " tol, quod nos vocamus theloneum, scilicet libertatem emendi et vendendi in terra sua. It also signified the right to be See also:free of toll, but this implies a more See also:general signification of the See also:term, the right to take and the thing so taken. It formed the most obvious source of See also:revenue in the early See also:English boroughs; goods coming to market or passing through the See also:borough paid toll, to this extent the practice still exists in various See also:European countries under the name of See also:octroi (q.v.). Private lords also levied tolls, but these in no See also:case were levied theoretically at See also:pleasure, all ultimately depending upon some real or feigned See also:grant from the See also:Crown. Imposts by the Crown are more properly taxes, though the name was frequently used, as in maletote, an arbitrary and vexatious See also:impost levied till See also:Edward III.'s See also:time, usually on See also:wool.

Such payments might bring freedom from other exactions. We learn from Domesday See also:

Book that the men of See also:Dover who paid the .See also:king's dues there were quit of toll throughout all England. Many subsequent charters granted the like, or even greater immunities from toll to favoured folk. In See also:modern English See also:law toll is either an incident of a See also:franchise, as of a market or See also:fair, or is See also:independent of franchise. In the latter case it is claimed by See also:prescription, as toll See also:traverse or toll thorough, or is created by act of See also:parliament, as in the case of turnpikes, See also:railways, harbours, navigable See also:rivers and canals. Toll traverse is paid for passing over a private way, See also:bridge or See also:ferry. No See also:consideration need be proved. Toll thorough is paid for the use of a See also:highway. In this case, if charged by a private See also:person, some consideration, such as repair of the highway, must be shown, as such a toll is against common right. At common law a toll must be reasonable. The same principle appears in various acts of parliament. The See also:Statute of See also:Westminster the First inflicts a See also:penalty for taking excessive toll.

The Railway Clauses Act 1845 provides for the equality of tolls, that is, that all persons and classes of goods shall in like circumstances be treated alike as to charges. A right of See also:

distress is incident to the right to toll, but the distress cannot be sold unless an act of parliament expressly authorizes the sale. Tolls are not rateable, unless they are appurtenant to land. Exemption from tolls may be claimed by the See also:prerogative, by grant or prescription, or by act of parliament. The king and See also:queen See also:consort pay no toll, and the Crown may grant to another exemption from toll. See also:Turnpike tolls, bridge money and See also:causeway See also:mail were abolished in See also:Scotland by the Roads and See also:Bridges Act 1878 as from the 1st of See also:June 1883. In England tolls on roads and bridges are now only payable in a few places. In the See also:United States tolls are a subject for See also:state legislation, unless they affect the whole See also:commonwealth, when they are dealt with by acts of See also:congress. A See also:city may See also:levy reasonable tolls in a market established by itself. A shunpike, or road constructed to facilitate evasion of tolls on a turnpike road, may be closed by See also:injunction. The question of tolls was at one time an important one in inter-See also:national law. Tolls were exacted on certain straits and tidal rivers by virtue of the See also:sovereignty of a particular state.

Notable instances were the See also:

Scheldt tolls and the See also:Sound dues levied by See also:Denmark. These last were justified as a return for the See also:lights maintained on the See also:coast and the terror to pirates inspired by the See also:castle of See also:Elsinore. In 1659, owing to the united efforts of England, See also:France and See also:Holland, an unvarying See also:rate was arranged. See See also:Pollock and See also:Maitland, See also:History of English Law (1895); See also:Pease and See also:Chitty, Markets and Fairs (1899) ; See also:Cunningham, Growth of English See also:Industry and See also:Commerce (1903).

End of Article: TOLL (etymologically, that which is numbered or counted; from a common Teutonic form, cf. " tale," " tell ")

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TOLL, JOHAN KRISTOFFER, COUNT (1743-1817)