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License

executed, licenses, land and law

LICENSE, in law, an authority given by one person or party to another to do cer tain acts. Licenses are either executory, where the act authorized has not been done, or • executed, where it has been done. At law all licenses may be revoked by the grantor, unless the license be coupled with an interest, and the same rule in equity courts, except that the latter sometimes hold that an executed license, where the licensee has been put to expense, is not revocable at the pleasure of the grantor. Thus, where a licensee who has been granted some privilege in connection with another's land, on the strength of. his license has been induced to incur expense, at law his license is still held to be revocable, as a contrary ruling would be equivalent to creating an interest in land without writing, against the provisions of the statute of frauds. A court of equity regards such an executed license as an executed verbal contract, one of the parties to which, the licensee, has gone too far to be put back into his former position as to the other party. But the revocation of an executed license will save the licensee harmless from liability or responsibility for such acts as lie has done according to his license. A. license is either express, i.e., granted expressly, or implied from the acts of the grantor.

A license in regard to land is not to be confused with an easement which is an indefeasi ble interest in land, irrespective of the will of the owner of the servient estate, or with a lease which confers a right to the profits of hind. An easement, moreover, can be created only by grant or prescription, while a license authorized orally is good. Au executed license which puts an end to an easement of the grantor in the licensee's land is irrevocable. The most common licenses in the United States are licenses to sell liquor. to engage in certain occupations, etc. Such licenses are a matter of statutory regula tion. A license in international law is an authority given by a state engaged in war to its subjects or the subjects of the state with which it is at war, to engage in a trade for- bidden in time of war. The right to give such licenses is original with the sovereign power, and they may be given by commanding officers in the army or navy as its dele gates. License in pleading is a plea by the defendant in an action of trespass that the owner of the freehold gave his permission to the alleged act of trespass. A license in patent law is a permission to make or sell a patented article in a specified locality, or anywhere in the United States.