“ At common law a toll must be reasonable. The same principle appears in various acts of parliament. The Statute of VY/est minster the First inflicts a 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 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. ”

“ A city may 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 injunction. The question of tolls was at one time an important one in international law. ”

“ Many subsequent charters granted the like, or even greater immunities from toll to favoured folk. In modern English law toll is either an incident of a franchise, as of a market or fair, or is independent of franchise. In the latter case it is claimed by prescription, as toll traverse or toll thorough, or is created by act of parliament, as in the case of turnpikes, railways, harbours, navigable rivers and canals. Toll traverse is paid for passing over a private way, bridge or ferry. No consideration need be proved. Toll thorough is paid for the use of a highway. ”