Page:Black's Law Dictionary (Second Edition).djvu/532

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FREEHOLD

Such persons are called “hei " and he whom they thus represent, the “. cestor_" When the_ interest extends beyond the nucestor's life. it is _cailed a “freehold of inheritance," and. when it only endures for the ancestor‘: life, it is I. freehoid not of inheritance.

An estate to be a freehold must possess these two qualities: (1) Immohiiity. that is, the property must be either land or some interest issuing out of or annexed to land; and (2) indeterminate duration, for, if tl1e utmost peri-

of time to which an estate can endure he fixed and determined. it cannot be a freehoid. Wharton.

—Deterxninab1e freeholds. Estate: for life. which may determine upon future contingecnies before the life for which they are created expires. As if an estate be granted to a wo- man during her widowhood, or to :1 man until he be promoted to a beneflce: in these and similar cases, whenever the contingency happens.—Wheu the widow marries, or when the grantee obtains ‘the bene[‘ice,—the respective estates are nbsoluteiy determined and gone. Yet, while they subsist, they are reckoned estates for life; because they may by pnssibiiity lost for life, if the contingencies upon which thev are to determine do not sooner happen. 2 Bl. Comm. 121.—I‘1'ee]iold in law. A free hold which has descended to a man, upon which he may enter at pleasure, but which he has not entered on. Termes de la Ley.—Fr-ee- hold land societies. Societies in England designed for the purpose of enabling mechan- ics, artisans, and other working-men to pur- chase at the ieast possible price :1 piece of freehold land of a sufficit-nt yearly vaiue to entitle the owner to the eicctive franchise for the county in which the land is situated. Wharton.—I‘r-eeholder. A person viho possesses a freohoid estate 9 iveiy v. Ininkford. 174 Mo. 5".‘-_ 4 S. W. S? ; \’i-'hr-hlon v. Cornett, 4 Neh. fI'uot‘.) -121. 94 . W. (326; People 11 Scott, B Hun (N. Y.) 5137.

FREEMAN. This word has had various meanings at different stages of history. In the Roman law, it denoted one who was either born free or emancipated, and was the opposite of ve." In feudai law, it designated an :1)iodiai proprietor, as distin- guished frum :1 vassai or feudai tenant. (And so in Pennsyliania colonial law. Fry's Eiection Case, 71 Pa. 303, 10 Am. Rep. 608.) 111 old Eng-iish law, the word described a free- hoider or tenant by free services; one who was not a viilein. In modern legal phrase- ology. it is the appeilxition of :1 member of :1 city or borough having the right or suffrage, or a member of any municipai corporation invested with tuli civic rights.

A person in the possession and enjoyment of all the civil and politlral rights accorded to the people under :1 free government —I‘r-eema.n’s roll. A list of persons admitted as bnrgesses or frermen for th purposes of the rights reserved b the muni '\i corpora-

V. c. 7G.) Distinguished " 3 Steph. Comm. 197. . early coionial history, in some of the American coionies.

FREIGHT. Freight is properly the price or compensation paid for the tr.insp'ortation of goods by :1 carrier, :11: sea, from port to port. But the term is niso used to denote the hire paid for the carriage of goods on land from piace to place, (usually by :1 rail- road company, not an express company.) or

624

FRENDWITE

on inland streams or lakes. The name is also applied to the goods or merchandise transported by any of the above means. Brittan v. Barnaby, 21 How. 5253, 16 L. Ed. 177; Huth v. Insurance Co., 8 Bosw. (N. Y.) 552: Christie v. Davis Goal 00. (D. C.) 95 Fed. 538; Hagar v. Doimidson, 154 Pa. 242, 25 Atl. 824; Paradise v. Sun Mot. Ins. Co.. 6 La. Ann. 596.

Property carried is culied "frcightg" the

reward, if any, to be paid for its carriage is caiicd “fi-eightage;" the person ubo de- livers the freight to the carrier is caiied the “cousigno1'," and the person to whom it is to be dslivered is caiiled the "consignee" Civii Code Cal. I 2110; Civil Code Dak. I 1220. _ The term “freig-ht" has several different meanings, as the price to be paid for the cairiiige of goods, or for the hire of a vessei under s charter-party or otherwise; and sometimes it designates goods carried, as “:1 freight of lime." or the like. But, as a subject of insurance. it is used in one of the two former senses. Lord v. Neptune Ins. Co.. 10 Gray (1\Inss.) 109.

The sum agreed on for the hire of Ii ship. entireiy or in part, for the carriage of goods from one port to another. 13 ‘ast. 300 Aii re- wards or compensation paid for the use of ships. Giles v. Cynthia, 1 Pet. Adm. 2013, Fed. Cas. No. 5,424.

Freight is a compensation received for the transportation of goods and merchandise from port to port; and is never claimabie by the owner of the vessel untii the voyage has been performed and terminated. Patnpsco lns. Oo. §.19Biscoe. 7 Giii J: J. (Md.) 300. 28 Am. Dec.

“Dead freight” is money payable by :1 person who has chartered a ship and only partiy loaded her, in respect of the loss of freight caused to the ship-owner by the deficiency of cargo. L. R. 2 H. L. So. 128.

Freight is the mother of wages. 2 Show. 283; 3 Kent, Comm. 196. Where a voyage is broken up by -axis major, and no freight earned, no wages, eo namine, are due.

FR]-IIGI-ITER. In maritime law. The party by whom a vessel is engaged or chartered; otherwise caiied the "ciiarterer.” 2 Steph. Comm. 148. In French law, the owner of a vessel is caiied the “frelgh tar," (frctcur,-) the merchant ‘who hires it is caiied the “affreighter." (a]Tratcm.) Emerlg. Tr. des Ass. ch. 11, I 3.

FRENCHMAN. In early times. to English law, this term was applied to every stranger or “out1:1i1dlsh" man. Bract. lib. 3, tr. 2, c. 15.

FRIINDLESMAN. Sax. An outlaw. So calied because on his outlowry he was denied

ail heip of friends aftsr certain days. Cow- ell; Blount. FRENDWITE. In old English law. A

mnict or line exacted from him who harbored :1n outlawed friend. Cowell; Tomlins.