Page:Black's Law Dictionary (Second Edition).djvu/528

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FRANCHISE

poration In excess of its tangible assets, :1 fracnhise tax is not a tax on either property, capital, stock, earnings, or dividends. See Home Ins. Co. v. New lork. 134 U. S. 594, 10 S. Ct. . 33 L. Ed. 1025: “'orth v. Petcrsburg R. CO.. 89 N. C 305; Treruout 8: Suffolk Mills v.

Eovfiell, 178 lllass. 469. 59 N. E. 1007: Chicago

. I.

E. 924; 6

II. Co. v. State, 133 Ind. 134, 51 N. M.-irsden Co. v. State Board of As- 1 l\'. J. Law, 461. 39 At]. 633; People 174 N. Y. -175. 07 N. E. 65, 63 L. . . Personal franchise. A franchise of corpui-ale existence, or one which authorizes the formation and existence of a ror1ior.ition. is sometimes called a "personal" franchise, as dis- ‘ _ “propert_v" francblse, whicb s a corporation so formed to apply its property to some lrlllitulill‘ enterprise or exer- cise some special prixilege in its employment, as, for example. to construct sud operate a rail- Nee Suutllniu v. Nye, 9 Misc. Rep. 5-11.

" —Seconi’|n.ry franchises. iorate existence being sonictimes called the "primary" franchise of I1 corporation. its “secnnrl-iry" franchises are the special and peculiar rights, privileges, or grants which it may reuixe under its charter or from a municipal cor-poi-iition, such as the right to use the public streets. ex'ict tolls, coilect fares, etc. Sn: State v. Topeka Water Co. 61 an. 547, 60 I’.-ic. 3517: Virginia Canon Toll Road Co. v. Pr.-uplc. "22 Colo. 421). 45 Pac. 398, 37 L. R. A. 711.

FRANCIA. France. Brnct. fol. -12Tb.

FRANCIGENA. A man born in France. A deslgiiation formerly given to aliens in England

PRANCUS. L. Lat. Free: aFrank. Spelman.

—Fr-mucus buncus. Free bent-b, ((1. v.)— Francns homo. In old European law. A frce man. I'iomesdny.—l‘ra.ncru plegins. In old English liiw. A ink plcilge, or free pledge. See FRAi\K—I)LEDGE.-—Fl'anc1l! tenens. A freebolder. See FRANK-1‘iLNi:MENT.

B. freeman ;

FRANK, v. To send matter through the publlc mails free of postage, by a personal or ofiitial privilege.

FRANK, ad]. In old English law. Free. Occurrlug in several compounds.

—I'rank-nlmoigne. In English law. Free alms A spiritual tenure whereby religious corporations, aggregate or sole, held lands of the donor to them and their successors forcxer. They were discharged of all other except religious services, and [he trinoda necesxitus. It differs from tenure by divine service, in that the latter required the performance of certain divine SEl’ViL'('S, whereas the former, as its name imports. is free. This tenure is expressly ex- cepted in the I2 Car. II. c. M. E 7, and therefore still subsists in some few instances.

Bromn & I-I. Comm. 203.—I‘rnn.k bank. In old English law. Fr bench. Litt.§ 11:76; Co. Lilt llob. See FllEE—BENC1l.—l‘l‘a.n.k-chase. .-\ liherly of free chase enjoyed by any one, nbcreby ail other persons bin ing ground within that compass are forbidden to cut down wood, atc., even in tbeir own deinesnes. to the preju- dice of the owner of the liberty. Cowell. See Cn.AsE.--Prank-fee. Freehold lands exempt- cd from all sersices, but not from homage; lnnds hcld Ui.l1eI‘Vl ise than in aucicnt domesne. Tbat which a man holds to himself and his heirs, and not by such service as is required in ancient deruesne. according to the custom of the manor. Cowcllp-Frank ferns. In En-_~lisl:i

520

FRATERIA

law. A species of estate held in socage, sold by Britton to be “lands and tmcments whereof the nature of the fce is changed by feotfmeut out of chivalry for certain yearly services, and in respect whereof ncitbcr boma.':I2, ward. miir~ ringc, nor relief can be demanded." Brltt. c. 643; 2 Bl. Comm. 80.—I‘1-ank—fold. English law. Free-fold; o privilege for the lord to bave all the sheep of his tenants and the inhabitants \vitbin his seiguiory. in his fold. in his dcmesnes to manure his land. Keilw. IDS. -—E‘1-arik-1 . An obsolete expression signifiing the rights and privileges of a ci'ti7oo or the liberties and civic rights of a Era.-on.- Frnnk-mai-riage. A species of enlnilml - totes, in English law. now grown out of on, but still capable of subsisting. “'l|cn tent-incurs an given by one to another. together ultli a wlfi who is a daughter or cmisin of the rlouvvn to hold in frank-marriage, the donres Sllllll hnre the tenements to them and the heirs of tliril two bodies begotten, 9'. e., in special tall. For the word “frank-marriage," ca: vi tcrmviui, both creates and limits an inheritance, not only supplying vwords of descent, but also terms of procreation. The dun;-es are liable to no service except faulty, and a reserved rent would be void, until the fourth degree of cons iuguinity be passed beta een the issues of the donor and dance, when they were capable by the law of the church of intcrmarrying. Litt. § 19; 2 Bl. Comm. 115.—I‘1-ank-pledge. In old English law. A pledge or surety for freeman: that is. the pledge, or corporate responsibility, of all the inhabitants of a tithing for the gmeral good behavior of each free-born citizen above the age of fourteen, and for his being forthcoming to answer any infraction of the law. Tcruics do in Ley: Con ell.—I‘rank-tenant. A freeholder. Litt. § 91p-Frank-tenement. In English law. A free tenement, frechelrling, or tree- bold. 2 Bl. Comm. G1, (52, 104; 1 Steph. Comm. 2 T; Brsct. fol. 207. Used to denots both the tenure and the estate.

FRANKING PRIVILEGE. The privi- lege of sending certain matter through the public mails without payment of postage. In pursuance of a personal or official prlviiege

FRANKLEYN, (spelled, also, “Francliug" and “Fr-anltlin.") A freeman; a. freeholder; a. gentleman. Blount; Cowell.

FRASSETUM. In old English law. A wood or wood-ground where ash-trees grow. Co. Litt. 4b.

FRATER. In the civil law. A brother. Frator conumngiilnciis. a brother having the same father, but born of 11 dlrferent mother. Frutcr ulcrinus, a brother born of the same mother, but by a dlflerent father. F-rater nutmius, a bastard brother.

Prater fratri ntelrino non sriooedet In has-editate pater-na. A brother shall not succeed a uterine brother in the paternal i.u- berltance. 2 Bl. Comm. 223; Fortes. de Land. (2. 5. A maxim of the common law of England, now superseded by the statute 3 & 4 Wm. IV c. 106, 5 9. See Broom, Max 530.

FRATERLA. In old records. A {rata- nity, brotherhood, or society of religious persons, wbo were mutually bound to pray for

the izood health and life. eta, of their livinz