Page:Black's Law Dictionary (Second Edition).djvu/1168

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TOLL

honght and sold. It is a runsonable sum of mon-

cy due to the owner of the fair or market, upon sole of things toilsble within the same. The word is used for a liberty as well to take as to be free from toil. Jacob.

In modern English law. A reasonable

0 sum due to the lord of a fair or market for things sold there which are tolliible. 1 Ur-abb, Real Prop. p. 350, 5

In contracts. A sum of money for the use of soinetiiiug. generally applied to the

cunsideinliou Vi'l_|If_l.i is paid for the use of a road, bridge, or the like, or a public n.itnre. See Sands v. hlrinislcc River Imp. (‘o., 123 U. S". 288. 8 Sup. Or. 113, 31 L. Ed. 149; Wadsworth v. Smith, 11 Me. 283, 26 Am. Dec. {r_'.'3, Pennsyl\':1nl:i Coal Co. v. Delaware & H. Canal (.'o.. 3 Ahb. Dec. (N. Y.) 477; St. Louis v Green, 7 Mo. App. 476; McNeal Pipe & Foundry Co. v. Howlaud, 1.11 N. C. 615, if; S E. S57. _’0 L. R. A. 743; Boyle v. Philadelphia & R. R. Co., M Pa. 314.

—To1l and team. Vi-'oi-ds constantly associated with Saxon and old English grants of liberi:ies to the lords of inanors. Biact. fols. , 1(l~.lli, 124b, 1.'.'>—lh. They appear to have impoitcd the privileges of haiing a l11:u'l.\'et, nnd Jiirisdictiun of villains. See '1 LAM —Toll-gnt}i- er-er. 1'he ollicer nho takes or collects toll.

—TolI-thorough. In English law. A toll fol‘ passing through a highway, or over A ferry or bridge. CowelL A toll pnid to a town for such 8. number of beasts, or for every boast that goes through the tunn, or over a bridge or ferry belonging to it. Com. Dig. "Toll," C. A tall chiimeii by iin indiiiiliial where he is bound to repair some partiiul-ir highway. 3 Stepb. Comm. 257. d see Kim: v. Nicholson, 12 East, 340: Chhrles itiver Budge v. ‘Varren Bridge. 11 Pet. 7:82, 9 L. Ed. “‘ traverse. In English law. A toll for passing oxer a piivhte man's ground. Cotvell. A toll for passing over the private soil of another, or for diiving beasts across his ground. Cro. Eliz. T10.—Toll—tiirn. In English low. A toll on imiists returning from a niniliet. 1 Crabb. Rcni Prop. p. 101. 5 102. A toll paid at the return of beasts Eiorh fair or market, though they were not sold. C0\velL

TOLLAGE. Payment of toil; money charged or paid us tall; the iihorty or tracnhise of charging toil.

TOLLBOOTH. A prison; a custom- house; an exchange; also the place where goods are weighed. Wharton.

TOLLDISH. A vessel by which the toll of corn for grinding is measured.

Tulle voluntatem at ex-it nnniin actna indiiferens. Take awny the will, and every action will be indifferent. Bi-act. fol. 2.

TOLLEE. taxes

One -who collects tribute or

TOLLEIIE. Lat. In the civil law. To iift up or raise; to elevate; to build up.

TOLLS. In a generui sense, tolis signify nny niiuiiier of customs, Sllilflldyi llrestation, imposition, or sum of money demanded for

1160

TON N AGE DUTY

exporting or importing or any wares or chnnilise to be taken or the buyer. 2 Inst.

TOLLSESTER. An old excise; a du paid by tenants of some l'|].iIlDlS lo the lord for liberty to brew and sell ole. Cowell.

ronsnv. The same as “tollbo-sh" ifl a place where merchants meet; a lunl flu bunnl for small civil causes held at the Guild; hall, Bristol.

'.l‘0I.'l‘. A writ whereby a cause depending in a court baron was tnken nnd reiuunfl into a county court. Old Nat. Biev. 4;

TOLTA. In old English law. rapine; extortion. Coucll.

Vrruii,-4',

TON. A measure of “eight; dlflerehtiy fixed, by difl'ei-cut statutes, ut tun Lliuinud pounds avoirdupois, (1 Iiei. St. .\. X‘. 603 5 35,) or at tueuty hundiulwvmyixa, inch nundrod-weight being one hundred and twelve pounds nvoirdupuis, (Rev. SL U. S. 5 2051 [U. S. CULLIII. St. 1901, p. 1943].)

TONNAGE.}} The capacity or a towel for L.ii'rying freight or other loads, cultu- lured in tons. But the why of estimating the tonnage varies in different couutiics. in England, tonnage denotes the actuul weight in tons which the vessel i..in suiely carry; in America, her caruing capacity estlmilted from the cubic dimensions of the hold. See Roberts v. Opdyke, -10 N. Y. 2.39.

The “tonn:ige" of B vtuicl is her capncity to curry cargo, and u chai-liar of "the whole tun- unge" of I: ship transfers to the eharterer only the space necessary for that purpose. Thiiing girlnsurnnce (.'o.. 103 Mass. 405. 4 Am. Rep.

1.

The tonnage of a vessel is her internal cubical CEI|)Il(‘ily, in tons. Iiimnn S. 8. Co. v. Tinker, 94 U. S. 238. 24 L. Ed. 118.

TONNAGE DUTY. In English law. A duty imposed by parliament upon mer- chzindise exported and imported, according to a certain rate upon every ton. Brown.

In American law. A tux iald upon vessels according to their tonnage or cubical ca- pacity.

A tonnage duty is a duty imposed on ves<::ls in proportion to their capni-ity. be vital prinripl-= of a tonnage duty is that it is imposed. nintever the subject, solely according to the rule of weight, either ss to the capacity to carry or the actual “eight of the thing itself. Inl.i.l.l|fl S.

Co. v. Tinker. 94 U. S. 238. 24 L Ed 113.

The term “tonnage duty." as used in the constitutiomll proliil.-itiun upon state laws iimudng tonnage duties. describes a duty proportioned to the tonnage of the vessel: 11 certain rate on each ton. But it is not to be taken in this rnstricml sense In the constitutional provision. The (iner- al prohibition upon the states against levying dui-‘ms on imports or exports would have in-on inefl‘c-ctiial if it had not been extended to duties on the shins which serve as the vehicles of con- veyance. The prohibition extends to any duty on the ship, whether a fixed sum upon its whole tonnage or a sum to be ascertained by compar-

ing the amount of tonnage with the rate of duty.