LICENSE (Lat. licere, to permit).
In Contracts. A permission. A right given by some competent authority to do an act which without such authority would be illegal.
An authority to do a particular act or eerie& of acts on another's land without possessing any estate therein. 11 Mass. 533 ; 4 Sandf. Ch. N. Y.72 ; 1 Washburn, Real Prop. 148.
The written evidence of the grant of such right.
An executed license exists when the licensed act has been done.
An executory license exists where the licensed act has not been performed.
An express license is one which is granted in direct terms.
An implied license is one which is presumed to have been given from the acts of the party authorized to give it.
It is distinguished from au easement, which im. plies an interest in the land to be affected, and a lease or right to take the profits of land. It may be, hOwever, and often is, coupled with a grant of some interest in the land itself, or right to take the profits. 1 Washburn, Real Prop. 148.
A license may be by specialty, 2 Parsons, Contr. 22; by parol, 13 Mees. & W. Exch. 838; 4 Maule & S. 562; 7 Barb. N.Y. 4; 1 Washburn, Real Prop. 148; or by implication from circumstances, as opening a door in response to a knock. Hob. 62; 2 Greenleaf, Ev. 427.
2. It may be granted by the owner, or, in many cases, by a servant. Croke Eliz. 246 ; 2 Greenleaf, Ev. 427.
An executory license may be revoked at the pleasure of the grantor. 1 Washburn, Real Prop. 148. In general, a mere license may be revoked at the grantor's pleasure, 11 Mass. 433 ; 15 Wend. N. Y. 380 ; although the licensee has incurred expense. 10 Conn. 378 ; 23 id. 223 ; 3 Du. N. Y. 355 ; 11 Metc. Mass. 251 ; 2 Gray, Mass. 302 ; 24 N. H. 364 ; 13 id. 264 ; 4 Johns. N. Y. 418 ; 3 Wisc. 117 ; 1 Dev. & B. No. C. 492 ; 13 Mees. & W. Exch. 838 ; 37 Eng. L. & Eq. 489 ; 5 Barnew. & Ad. 1. But see 14 Serg. & R. Penn. 267. Not so a license closely coupled with a transfer of title to personal property.
8 Mete. Mass: 34 ; 11 Conn. 525 ; 13 Mees. & W. Exch. 856 ; 11 Ad. & E. 34.
3. An executed license which destroys an ea.sement enjoyed by the licenser in the licensee's land, cannot be revoked. 9 Mete. Mass. 395 ; 2 Gray, Mass. 302,; 2 Gill, Md. 221 ; 3 Wisc. 124 ; 3 Du. N. Y. 255 ; 7 Bingh. 682 ; 3 Barnew. & C. 332 ; 5 id. 221.
The effect of an executed license, though revoked, is to relieve or excuse the licensee from liability for acts done properly in pursu ance thereof, and their consequences. 6 Du. N. Y. 363 ; 22 Barb. N. Y. 336 ; 18 Pick. Mass. 569 ; 2 Gray, Mass. 302; 10 Conn. 378 ; 13 N. H. 264 ; 7 id. 237; 7 Taunt. 374 ; 5 Barnew. & C. 221.
The licensee's improvements on lands with out compensation, in equity. 3 Wise. 117; Story, Eq. Jur. 1237; Angell, Wat. Cour. 318.
In International Law. Permission granted by a belligerent state to its own sub jects, or to the subjects of the enemy, to darry on a trade interdicted by war. Whea ton, Int. Law, 475.
4. Licenses operate as a dispensation of the rules of war, so far as its provisions ex tend. They are stricti furls, but are not to be construed with pedantic accuracy. Whea ton, Int. Law, 476 ; 1 Kent,Comm. 5th ed. 163 n.; 4 C. Rob. Adm. 8. They can be granted only by the sovereign authority, or by those delegated for the purpose by special commis sion. 1 Dods. Adm. 226 ; Stew. Adm. 367. They constitute a ground of capture and con fiscation per se by the adverse belligerent party. Wheaton, Int. Law, 475.
In Patent Law. See PATENTS.
In Pleading. A plea of justification to an action of trespass, that the defendant was authorized by the owner of the freehold to commit the trespass complained of.
A license must be specially pleaded to an action of trespass, 2 Term, 166, but may be given in evidence in an action on the case. 2 Mod. 6 ; 8 East, 308.