KFLCC Kingdom Law 2nd Ed.

520

FRANCHISE

FRATERIA

poration in excess of its tangible assets, a fran chise tax is not a tax on either property, capi tal, 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. B. 1007; Chicago & B. I. R. Co. v. State, 153 Ind. 134, 51 N. EL 924; Marsden Co. v. State Board of As sessors, 61 N. J. Law, 461, 39 Atl. 638; People v. Knight, 174 N. Y. 475, 67 N. E. 65, 63 L. R. A. 87.—Personal franchise. A franchise of corporate existence, or one which authorizes the formation and existence of a corporation, is sometimes called a "personal" franchise, as dis tinguished from a "property" franchise, which authorizes a corporation so formed to apply its property to some particular enterprise or exer cise some special privilege in its employment, as, for example, to construct and operate a rail road. See Sandham v. Nye, 9 Misc. Rep. 541, 30 N. Y. Supp. 552.—Secondary franchises. The franchise of corporate existence being some times called the "primary" franchise of a cor poration, its "secondary" franchises are the spe cial and peculiar rights, privileges, or grants which it may receive under its charter or from a municipal corporation, such as the jight to use the public streets, exact tolls, collect fares, etc. 'See State v. Topeka Water Co., 61 Kan. 547, 60 Pac. 337; Virginia Canon Toll Road Co. v. People, 22 Colo. 429, 45 Pac. 398, 37 L. R. A. 711. FRANCIGENA. A man born in France. A designation formerly given to aliens in England. FRANCUS. L. Lat Free; a freeman; a Frank. Spelman. —Francns bancns. Free bench, (q. v.)— Francus homo. In old European law. A free man. Domesday.—Francns plegius. In old English law. A frank pledge, or free pledge. See FRANK-PLEDGE.—Francus tenens. A freeholder. See FBANK-TENEMENT. To send matter through the public mails free of postage, by a personal or official privilege. Occurring in several compounds. —Frank-almoigne. In English law. Free alms. A spiritual tenure whereby religious corporations, aggregate or sole, held lands of the donor to them and their successors forever. They were discharged of all other except reli gious services, and the trinoda necessitas. It differs from tenure by divine service, in that the latter required the performance of certain divine services, whereas the former, as its name imports, is free. This tenure is expressly ex cepted in the 12 Car. II. c 24, § 7, and there fore still subsists in some few instances. 2 Broom & H. Comm. 203.—Frank bank. In old English law. Free bench. Litt. § 166; Co. Litt. 1106. See FBEE-BENCH.—Frank-chase. A liberty of free chase enjoyed by any one, whereby all other persons having ground within that compass are forbidden to cut down wood, etc., even in their own demesnes, to the preju dice of the owner of the liberty. Cowell. See CHASE.—Frank-fee. Freehold lands exempt ed from all services, but not from homage; lands held otherwise than in ancient demesne. That which a man holds to himself and his heirs, and not by such service as is required in ancient demesne, according to the custom of the manor. Cowell.—Frank ferm. In Enarlish FRANK, v. FRANK, adj. In old English law. Free. FRANCIA. France. Bract, fol. 4276.

law. A species of estate held in socage, said by Britton to be "lands and tenements whereof th» nature of the fee is changed by feoffment out of chivalry for certain yearly services, and in respect whereof neither homage, ward, mar riage, nor relief can be demanded." Britt. c 66; 2 Bl. Comm. 80.—Frank-fold. In old English law. Free-fold; a privilege for the lord to have all the sheep of his tenants and the inhabitants within his seigniory, in his fold, in his demesnes, to manure his land. Keilw. 198. —Frank-law. An obsolete expression signify ing the rights and privileges of a citizen, or the liberties and civic rights of a freeman.— Frank-marriage. A species of entailed es tates, in English law, now grown out of use, but still capable of subsisting. When tenements are given by one to another, together with a wife, who is a daughter or cousin of the donor, to hold in frank-marriage, the donees shall have the tenements to them and the heirs of their two bodies begotten, •. e., in special tail. For the word "frank-marriage," ex vi termini, both creates and limits an inheritance, not only sup plying words of descent, but also terms of procreation. The donees are liable to no serv ice except fealty, and a reserved rent would be void, until the fourth degree of consanguinity be passed between the issues of the donor and donee, when they were capable by the law of the church of intermarrying. Litt. § 19; 2 Bl. Comm. 115.—Frank-pledge. In old English law. A pledge or surety for freemen; that is, the pledge, or corporate responsibility, of all the inhabitants of a tithing for the general good behavior of each free-born citizen above the age of fourteen, and for his being forthcoming to answer any infraction of the law. Termes de la Ley ; Cowell.—Frank-tenant. A freehold er. Litt. § 91.—Frank-tenement. In Eng lish law. A free tenement, freeholding, or free hold. 2 Bl. Comm. 61, 62, 104; 1 Steph. Comm. 217; Bract, fol. 207. Used to denote 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 privilege. FEANKLEYN, (spelled, also, "Francling" and "Franklin.") A freeman; a freeholder; a gentleman. Blount; Cowell. FRASSETUM. In old English law. A wood or wood-ground where ash-trees grow. Co. Litt. 4&. FRATER. In the civil law. A brother. Frater consanguineus, a brother having the same father, but born of a different mother. Frater uterinus, a brother born of the same mother, but by a different father. Frater nutricius, a bastard brother. Frater fratri nterino non snccedet in hsereditate paterna. A brother shall not succeed a uterine brother in the paternal in heritance. 2 Bl. Comm. 223; Fortes, de Laud. c. 5. A maxim of the common law of England, now superseded by the statute 3 & 4 Wm. IV. c 106, § 9. See Broom, Max. 530. FRATERIA. In old records. A frater nity, brotherhood, or society of religious per sons, who were mutually bound to pray for the good health and life, etc of their living