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Franchise

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Fr. A Eng. [L. Yr. fraunchise, from fraunch, free; L. Lat. Jranchesia, francisia.'] In English law. A liberty; a privileged place, (locus immunis.) Spelman. Fur enckeson des franchises ou les felons sont resceves; by reason of the liberties where the felons are harbored.

Stat. Westm.l,c.9.

Animmu* nity or exemption from ordinary jurisdiction. Termes de la ley.

Blount.

See Liberty* A royal privilege, or a branch of thd prerogative subsisting in the hands of a subject, and arising either from royal grant, or from prescription, which presupposes a grant; or species of incorporeal hereditament.

2 Bl. Com. 37. 2 Steph. Com. 14.

Such as the privileges to be a county palatine; to be a corporation; to have a bailiwick or liberty exempt from the sheriff of the county; to hold a court leet; to have waifs, wrecks, estrays, treasure trove, royal fish, forfeitures and deodands; to have a fair or market, or ferry, or the like, with the right of taking toll there; or to have a forest, chase, park, warren or fishery.

2 Stq>k. Com. 14, 15. 1 Crabb's Real Prop. 483—541, §§ 623—697.

In American law

A particular privilege conferred by grant from government and vested in individuals.

3 Kent's Com, 458.

As, to be a corporation; to have a ferry, bridge, turnpike or rail-road. Id. 458, 459, and notes. Corporations are the most usual franchises known in our law.

Id. 459. See 2 Hilliard's Real Prop. 46—74.

Franchise is a slight variation from the law French fraunchise used in Britton. Frankise is a corrupted form given by Kelham, which indicates the old pronunciation of the word.