KFLCC Kingdom Law 2nd Ed.

524

FREEHOLD

FRENDWITE

Such persons are called "heirs," and he whom they thus represent, the "ancestor." When the interest extends beyond the ancestor's life, it is called a "freehold of inheritance," and, when it only endures for the ancestor's life, it is a freehold not of inheritance. An estate to be a freehold must possess these two qualities: (1) Immobility, that is, the property must be either land or some interest issuing out of or annexed to land; and (2) indeterminate duration, for, if the utmost peri od of time to which an estate can endure be fixed and determined, it cannot be a freehold. Wharton. —Determinable freeholds. Estates for life, which may determine upon future contingen cies before the life for which they are created expires. As if an estate be granted to a wo man during her widowhood, or to a man until he be promoted to a benefice; in these and similar cases, whenever the contingency hap pens,—when the widow marries, or when the gTantee obtains the benefice,—the respective estates are absolutely determined and gone. Yet, while they subsist, they are reckoned es tates for life; because they may by possibility last for life, if the contingencies upon which they are to determine do not sooner happen. 2 Bl. Oomm. 121.—Freehold 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.—Free hold land societies. Societies in England designed for the purpose of enabling mechan ics, artisans, and other working-men to pur chase at the least possible price a piece of freehold land of a sufficient yearly value to entitle the owner to the elective franchise for the county in which the land is situated. Whar ton.—Freeholder. A person who possesses a freehold estate. Shively v. Lankford, 174 Mo. 535, 74 S. W. 835; Wheldon v. Cornett, 4 Neb. (Unof.) 421. 94 N. W. 626; People v Scott, 8 Hun (N. Y} 567. 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 "slave." In feudal law, it designated an allodial proprietor, as distin guished from a vassal or feudal tenant. (And so in Pennsylvania colonial law. Fry's Elec tion Case, 71 Pa. 308, 10 Am. Rep. 698.) In old English law, the word described a free holder or tenant by free services; one who was not a villein. In modern legal phrase ology, it is the appellation of a member of a city or borough having the right of suffrage, or a member of any municipal corporation invested with full civic rights. A person in the possession and enjoyment of all the civil and political rights accorded to the people under a free government. —Freeman's roll. A list of persons admitted as burgesses or freemen for the purposes of the rights reserved by the municipal corpora tion act, (5 & 6 Wm. IV. c. 76.) Distinguished from the Burgess Roll. 3 Steph. Comm. 197. The term was used, in early colonial history, in some of the American colonies. FREIGHT. Freight is properly the price or compensation paid for the transportation of goods by a carrier, at sea, from port to port. But the term is also used to denote the hire paid for the carriage of goods on land from place to place, (usually by a rail road company, not an express company,) or

on inland streams or lakes. The name is also applied to the goods or merchandise transported by any of the above means. Brit tan v. Barnaby, 21 How. 533, 16 L. Ed. 177; Huth •. Insurance Co., 8 Bosw. (N. Y.) 552; Christie v. Davis Coal Co. (D. C) 95 Fed. 838; Hagar v. Donaldson, 154 Pa. 242, 25 AtL 824; Paradise v. Sun Mut Ins. Co., 6 La. Ann. 596. Property carried is called "freight;" the reward, if any, to be paid for its carriage is called "freightage;" the person who de livers the freight to the carrier is called the "consignor;" and the person to whom it is to be delivered is called the "consignee." Civil Code Cal. I 2110; Civil Code Dak. | 1220. The term "freight" has several different mean ings, as the price to be paid for the carnage of goods, or for the hire of a vessel under a charter-party or otherwise; and sometimes it designates goods carried, as "a freight of lime," or the like. But, as a subject of in surance, it is used in one of the two former senses. Lord v. Neptune Ins. Co., 10 Gray (Mass.) 109. The sum agreed on for the hire of a ship, en tirely or in part, for the carriage of goods from one port to another. 13 East, 300. All re wards or compensation paid for the use of ships. Giles v. Cynthia, 1 Pet Adm. 206, Fed. Oas. No. 5,424. Freight is a compensation received for the transportation of goods and merchandise from port to port; and is never claimable by the owner of the vessel until the voyage has been performed and terminated. Patapsco Ins. Co. v. Biscoe, 7 Gill & J. (Md.) 300, 28 Am. Dec. 319. "Dead freight" Is money payable by a per son who has chartered a ship and only partly loaded her, in respect of the loss of freight caused to the ship-owner by the deficiency of cargo. L. R. 2 H. L. Sc. 12a Freight is the mother of wages. 2 Show. 283; 3 Kent, Comm. 196. Where a voyage is broken up by vis major, and no freight earned, no wages, eo nomine, are due. The party by whom a vessel is engaged or charter ed; otherwise called the "charterer." 2 Steph. Comm. 148. In French law, the owner of a vessel is called the "freighter," (freteur;) the merchant who hires it is called the "af freighter," (affreteur.) Emerig. Tr. des Ass. ch. 11, § 3. FRENCHMAN. In early times, in Eng lish law, this term was applied to every stranger or "outlandish" man. Bract lib. 3, tr. 2, c. 15. FRENDLESMAN. Sax. An outlaw. So called because on his outlawry he was denied all help of friends after certain days. Cow ell ; Blount FRENDWITE. In old English law. A mulct or fine exacted from him who harbor* ed an outlawed friend. Cowell; Tomlina. FREIGHTER. In maritime law.