FREE - Steven J. Coker
Subject: FREE
From: Steven J. Coker
Date: October 27, 1998

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier, CHILDS & PETERSON, PHILADELPHIA

FREE. Not bound to servitude; at liberty to act as one pleases. This word is put
in opposition to slave. 
   Representatives and direct taxes shall be apportioned among the several
states, which may be included within this Union, according to their respective
numbers, which shall be determined by adding to the whole number of free
persons, including those bound to service for a term of years, and excluding
Indians not taxed, three-fifths of all other persons.... It is also put in
contradistinction to being bound as an apprentice; as, an apprentice becomes
free on attaining the age of twenty-one years. 
   The Declaration of Independence asserts that all men are born free, and in at
sense, the term includes all mankind. 

FREE COURSE, Mar. law. Having the wind from a favorable quarter. 
   To prevent collision of vessels, it is the duty of the vessel having a free
course to give way to a vessel beating up. to windward and tacking.... And at
sea, it is the duty of such vessel, in meeting another, to go to leeward....

FREE ships. By this is understood neutral vessels. Free ships are sometimes
considered as making free goods. 

FREE WARREN, Eng. law. A franchise erected for the preservation and custody of
beasts and fowls of warren....

FREEDMEN. The name formerly given by the Romans to those persons who had been
released from a State of servitude....

FREEDOM, Liberty; the right to do what is not forbidden by law. Freedom does not
preclude the idea of subjection to law; indeed, it presupposes the existence of
some legislative provision, the observance of which insures freedom to us, by
securing the like observance from others....

FREEHOLD, estates. An estate of freehold is an estate in lands or other real
property, held by a free tenure, for the life of the tenant or that of some
other person; or for some uncertain period. It is called liberum tenementum,
frank tenement or freehold; it was formerly described to be such an estate as
could only be created by livery of seisin, a ceremony similar to the investiture
of the feudal law. But since the introduction of certain modern conveyances, by
which an estate of freehold may be created without livery of seisin, this
description is not sufficient. 

   There are two qualities essentially requisite to the existence of a freehold
estate. 

   1. Immobility; that is, the subject-matter must either be land, or some
interest issuing out of or annexed to land. 

   2. A sufficient legal indeterminate duration; for if the utmost period of
time to which an estate can last, is fixed and determined, it is not an estate
of freehold. For example, if lands are conveyed to a man and his heirs, or for
his life, or for the life of another, or until he shall be married, or go to
Europe, he has an estate of freehold; but if such lands are limited to a man for
one hundred or five hundred years, if he shall so long live, he has not an
estate of freehold.... Freehold estates are of inheritance or not of
inheritance....

FREEHOLDER. A person who is the owner of a freehold estate.

FREEMAN. One who is in the enjoyment of the right to do whatever he pleases, not
forbidden by law. One in the possession of the civil rights enjoyed by, the
people generally....

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