FRANCHISE in England is a royal privilege, or branch of the crown's prerogative, subsisting in the hands of the subject. Being derived from the crown, franchises must arise from royal grant, or in some cases may be held by prescription, which presup. poses a grant (Stephen's Corn. i. 637). The subjects of F. being the peculiar property of the crown, correspond with what in Scotland are called regalia (q.v.); and a F. is analogous to a grant of regalia. Gifts of waifs, estrays, wrecks, treasure-trove, royal fish. and forfeitures, all of which are the prerogatives of the crown, are franchises. The rights of forest, chase, park, warren, and fishery are also fradchises, no subject being entitled so to apply his property for his own convenience. A county palatine (see PALATINE) is the highest species of F., as within it the earl, constable, or other chief officer, may exercise without control the highest functions of the sovereign. And as the crown may thus erect an entire county into an independent jurisdiction, so it may create a liberty or bailiwick independent Of the sheriff of the county. This, then, is
another species of franchise. It is likewise a F. for a number of persons to be incor porated, and subsist as a body-politic, with a power to maintain perpetual succession, and do other corporate acts; and each individual member of such corporation is also said to have a F. or freedom. The right to hold a fair or market, or to establish a ferry, and to levy tolls therein, is also a franchise. .Where the holder of a F. is dis turbed in his right, he may sue for damages by an action on the or in the case of non-payment of tolls, he has the remedy of distress (q.v.). Franchises may be extin guished by reunion with the crown, or may be lost by misuser—that is, such a use of them as is contrary to the express or implied condition on which the royal grant pro ceeded—or by non-user.