franchise

Purchasers of the exclusive privilege of making or vending the patented machine hold the whole or a portion of the franchise which the patent secures, depending upon the nature of the conveyance... But the purchaser of the implement or machine for the purpose of using it in the ordinary pursuits of life stands on different grounds, as he does not acquire any right to construct another machine either for his own use or to be vended to another for any purpose. Complete title to the implement or machine purchased becomes vested in the vendee by the sale and purchase, but he acquires no portion of the franchise, as the machine, when it rightfully passes from the patentee to the purchaser, ceases to be within the limits of the monopoly.

A special privilege conferred by government on individuals, and which does not belong to the citizens of the country generally by common right. Ansell & A. Corp. § 4. A particular privilege conferred by grant from government, and vested in individuals. 3 Kent, Comm. 458. A branch of the king's prerogative subsisting in the hands of a subject. Finch, Law, lib. 2, c. 14; 2 Sharswood, Bl. Comm. 37. the elective franchise. And it is commonly applied to those powers exercised by virtue of a grant of privilege. "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 issuance of a bank note by an incorporated bank, are franchises." 15 Johns. (N. Y.) 387. "The term [franchise] must be always considered in connection with the corporation or property to which it is supposed to appertain." 93 U. S. 223.

A special privllege conferred by government upon an individual or corporation, 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. In England, a franchise is defined to be a royal privilege in the hands of a subject. In this country, it is a privilege of a public nature, which cannot 'be exercised without a legislative grant. See Bank of Augusta v. Earle, 13 Pet. 595, 10 In Ed. 274; Dike v. State, 38 Minn. 366, 38 N. W. 95; Chicago Board of Trade v. People, 91 111. 82; Lasher v. Pcople, 183 111. 226, 55 N. E. 663, 47 L. R. A. 802, 75 Am. St. Rep. 103; Southampton v. Jessup, 162 N. Y. 122, 56 N. Bl 538; Thompson v. Pcople, 23 Wend. (N. Y.) 578; Black River Imp. Co. v. Hol-way, 87 Wis. 584, 59 N. W. 126; Central Pac. R. Co. v. California, 162 U. S. 91, 16 Sup. Ct 766, 40 In Ed. 903; Chicago & W. I. R. Ch. v. Dunbar, 95 III. 575; State v. Weather-by, 45 Mo. 20; Morgan v. Louisiana, 93 U. S. 223, 23 In Ed. 860. A franchise is a privilege or immunity of ft public 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. People v. Utica Ins. Co.., 15 Johns. (N. Y.) 387, 8 Am. Dec. 243. The word "franchise" has various significations, both in a 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 a corporation, 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. Pierce y. Emery, 32 N. H. 484. The term "franchise" has several significations, and there is some confusion in its use. 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. Bridgeport v. New York & N. H. R. Co.., 36 Co.nn. 255, 4 Am. Rep. 63.

— General and special. The charter of a corporation is its general" franchise, while a "special" franchise consists in any rights granted by the public to use property for a public use but with private profit. Lord v. Equitable Life Assur. Soc.. 194 N. Y. 212, 87 N. E. 448, 22 L. R. A. (N. S.) 420.

— Elective franchise. The right of suffrage; the right or privilege of voting in public elections.

— Franchise tax. A tax on the franchise of a corporation, that is, on the right and privilege of carrying on business in the character of a corporation, for the purposes for which it was created, and in the conditions which surround it. Though the value of the franchise, for purposes of taxation, may be measured by the amount of business done, or the amount of earnings or dividends, or by the total value of the capital or stock of the corporation in excess of its tangible assets, a franchise tax is not a tax on either property, capital, stock, earnings, or dividends. See Home Ins. Co. v. New York, 134 U. S. 594, 10 S. Ct. 593, 33 L. Ed. 1025; Worth v. Petersburg R. Co., 89 N. C. 305; Tremont & Suffolk Mills v. Lowell, 178 Mass. 469, 59 N. E. 1007; Chicago & E. I. R. Co. v. State, 153 Ind. 134, 51 N. E. 924; Marsden Co. v. State Board of Assessors, 61 N. J. Law, 46i, 39 Atl. 638; People v. Knight, 174 N. Y. 475, 67 N. E. 65, 63 In R. A. 87.

— Personal franchise. A franchise of corporate existence, or one which authorizes the formation and existence of a corporali on, is sometimes calied a "personal" franchise, as distinguished from a "property" franchise, which authorizes a corporation so formed to apply its property to some particular enterprise or exercise some special privilege in its employment, as, for example, to construct and operate a railroad. See Sandham v. Nye, 9 Misc. Rep. 541, 30 N. Y. Supp. 552,

— Secondary franchises. The franchise of corporate existence being sometimes calied the "primary" franchise of a corporation, its "secondary" franchises are the special and peculiar rights, privileges, or grants which it may receive under its charter or from a municipal corporation, such as the right to use the public streets, exact tolls, collect fares, etc. 'See State v. Topeka Water Co., 6l Kan. 547, 6O Pac. 337; Virginia Canon Toll Road Co., v. People, 22 Colo. 429, 45 Pac. 398, 37 L. R. A. 711.

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

In English law. A liberty; a privileged place; a royal privilege, or a branch of the prerogative subsisting in the hands of a subject, and arising either from royal gi-ant, or from prescription, which presupposes a grant.

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.”

A liberty; a vate person.

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.

This word has several significations; 1, it is a right reserved to the people by the constitution, hence we say the elective franchise, to designate the right of the people to elect their officers. 2. It isa certain privilege conferred by grant from the government, and vested in individuals. Corporations, or bodies politic, are the most usual franchises known to our law.. They have been classed among incorporeal hereditaments, perhaps improperly, merous; ‘they are said to be royal privileges in the hands of a subject. Vide 3 Kent, Com. 366; Cruise Dig. tit. 27; 2 Bl. Com. 37; 15 Serg. & Rawle, 130; Finch, 164.