Franchise

A special privilege conferred by government upon an individual, and which does not belong to the citizens of the country generally, of common right. It is essential to the character of a franchise that it should be a grant from the sovereign authority, and in this country no franchise can be held which is not derived from a law of the state.

See Ang. & A. Corp. § 104: 3 Kent, Comm. 458; 2 Bl. Comm. 37.

In England, a franchise is defined to be lic nature, which cannot be exercised without a legislative grant.

45 Mo. 17.

A franchise is a privilece or immunity of a pub lie nature, which cannot be legally exercised without legislative grant. To be a corporation is a franchise. The various powers conferred on corporations are franchises. The execution of a policy of insurance by an Insurance company, and the issuing a bank-note by an incorporated bank, are franchises.

15 Johns. 387.

The word “franchise” has various significations, both ina legal and popular sense. A corporation is itself a franchise belonging to the members of the corporation, and the corporation, itself a franchise, may hold other franchises. So, also, the different powers of acorporation, such as the right to hold and dispose of property, are its franchises. In a popular sense, the political rights of subjects and citizens are franchises, such as the right of suffrage, etc.

32 N. H. 484.

The term “franchise” has several significationa, and there is some confusion initsuse. When used with reference to corporations, the better opinion, deduced from the authorities, seems to be that it consists of the entire privileges embraced in and constituting the grant, It does not embrace the property acquired by the exercise of the franchise.

86 Coun. 255.

The term is also used, in a popular sense, to denote a political right or privilege belonging toa free citizen; as the “elective franchise.”