franchise

In the most general sense of the term, a right or privilege conferred by law, e.g. the right to vote. 23 Am J2d Franch § 2. A privilege conferred by law upon a corporation or an individual which permits the recipient to make use of a street or public place in an activity or operation which, except for the grant of the franchise, would constitute a wrong or trespass. People ex rel. New York C. & H. R. Co. v Gourley, 198 NY 486, 92 NE 398. In a narrower sense, the privilege of doing something which does not belong to all citizens as a matter of common right. 23 Am 12d Franch § 2; a privilege or immunity of a public nature which cannot be legally exercised without a legislative grant. 23 Am J2d Franch § 2. A special privilege, conferred by the state on an individual, which did not theretofore exist and which does not belong to the individual as a matter of right. Madden v Queens County Jockey Club, 296 NY 249, 72 NE2d 697, 1 ALR2d 1160. A grant to a public service corporation or public utility conferring the right to carry on business, which, when accepted by the grantee, constitutes a contract between the parties by which their rights and obligations are to be determined in accordance with its terms and conditions. 43 Am J1st Pub Util § 16. A primary corporate franchise, the result of a grant of special privileges to incorporators which enables them to act for certain designated purposes as a single individual and exempts them, unless otherwise specially provided, from individual liability; a secondary corporate franchise in the powers granted to a corporation by the sovereign and specified in its charter. 18 Am J2d Corp § 66. See special franchise.