Blacks Law Dict. 1st ed

TITULUS EST JUSTA CAUSA, ETC. 1176

TOLL-THOROUGH

coins, and circulating among private persons, by consent, at a certain value. No longer permitted or recognized as money. 2 Chit. Com. Law, 182. TOLERATION. The allowance of re ligious opinions and modes of worship in a state which are contrary to, or different from, those of the established church or be lief. Webster. TOLERATION ACT. The statute 1 W. & M. St. 1, c. 18, for exempting Protestant dissenters from the penalties of certain laws is so called. Brown. TOLL, o. To bar, defeat, or take away; thus, to toll the entry means to deny or take away the right of entry. TOLL, n. In English law. Toll means an excise of goods; a seizure of some part for permission of the rest. It has two significa tions: A liberty to buy and sell within the precincts of the manor, which seems to im port 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 sale 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 tollable. 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. TOLL AND TEAM. Sax. Words con stantly associated with Saxon and old En glish grants of liberties to the lords of man ors. Bract, fols. 56, 1046,1246,1546. They appear to have imported the privileges of hav ing 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 biidge. 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. Atoll claimed by an indi vidual where he is bound to repair some par ticular highway. 3 Steph. Comm. 257,

cause the priest in charge of it derived there from his name and title. Spelman. Titulus est justa causa possidendi id quod nostrum est; dioitur a tuendo. 8 Coke, 153. A title is the just right of pos sessing that which is our own; it is so called from "tuendo," defending. TO. This is a word of exclusion, when used in describing premises; it excludes the terminus mentioned. 69 Me. 514. TO HAVE AND TO HOLD. The words in a conveyance which show the estate intended to be conveyed. Thus, in a con veyance of land in fee-simple, the grant is to M A. and his heirs, to have and to hold the said [land] unto and to the use of the said A., his heirs and assigns forever." Will iams, Eeal Prop. 198. Strictly speaking, however, the words "to have" denote the estate to be taken, while the words "to hold" signify that it is to be held of some superior lord, i. e., by way of tenure, (q. «.) The former clause is called the "habendum;" the latter, the "tenen dum." Co. Litt. 6a. TOALIA. A towel. There is a tenure of lands by the service of waiting with a towel at the king's coronation. Cowell. TOBACCONIST. Any person, firm, or corporation whose business it is to manufact ure cigars, snuff, or tobacco in any form. Act of congress of July 13, 1866, § 9; 14 St. at Large, 120. TOFT. A place or piece of ground on which a house formerly stood, which has been destroyed by accident or decay. 2 Broom & H. Comm. 17. TOPTMAN. In old English law. The owner of a toft. Cowell; Spelman. TOGATI. Lat. In Roman law. Advo cates; so called under the empire because they were required, when appearing in court to plead a cause, to wear the toga, v\ liich had then ceased to be the customary dress in Rome. Vicat. TOKEN. A sign or mark; a material ev idence of the existence of a fact. Thus, cheating by "false tokens" implies the use of fabricated or deceitfully contrived material objects to assist the person's own fraud and falsehood in accomplishing the cheat. TOKEN-MONEY. A conventional me dium of exchange consisting of pieces of metal, fashioned in the shape and size of

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