英文法律词典 L-37

LICENSE¹, contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. Vide Ayl. Parerg, 353; 15 Vin. Ab. 92; Ang. Wat. Co. 61, 85.

2. A license is express or implied. An express license is one which in direct terms authorizes² the performance of a certain act; as a license to keep a tavern³ given by public authority.

3. An implied license is one which though not expressly given, may be presumed from the acts of the party having a right to give it. The following are examples of such licenses⁴: 1. When a man knocks at another's door, and it is opened, the act of opening the door licenses the former to enter the house for any lawful⁵ purpose. See Hob. 62. A servant is, in consequence of his employment, licensed⁶ to admit to the house, those who come on his master's business, but only such persons. Selw. N. P. 999; Cro. Eliz. 246. It may, however, be inferred from circumstances that the servant has authority to invite whom he pleases to the house, for lawful purposes. See 2 Greenl. Ev. §427; Entry.

4. A Iicense is either a bare authority, without interest, or it is coupled with an interest. 1. A bare license must be executed by the party to whom it is given in person, and cannot be made over or assigned by him to another; and, being without consideration, may be revoked⁷ at pleasure, as long as it remains⁸ executory; 39 Hen. VI. M. 12, page 7; but when carried into effect, either partially⁹ or altogether, it can only be rescinded¹⁰, if in its nature it will admit of revocation¹¹, by placing the other side in the same situation in which he stood before he entered on its execution. 8 East, R. 308; Palm. 71; S. C. Poph. 151; S. C. 2 Roll. Rep. 143, 152.

5. - 2. When the license is coupled with an interest the authority conferred is not properly a mere¹² permission, but amounts to a grant, which cannot be revoked, and it may then be assigned to a third person. 5 Hen. V., M. 1, page 1; 2 Mod. 317; 7 Bing. 693; 8 East, 309; 5 B. & C. 221; 7 D. & R. 783; Crabb on R. P. §521 to 525; 14 S. & R 267; 4 S. & R. 241; 2 Eq. Cas. Ab. 522. When the license is coupled with an interest, the formalities essential to confer such interest should be observed. Say. R. 3; 6 East, R. 602; 8 East, R. 310, note. See 14 S. & R. 267; 4 S. & R. 241; 2 Eq. Cas. Ab. 522; 11 Ad. & El. 34, 39; S. C. 39 Eng, C. L. R. 19.

LICENSE, International law. An authority given by one of two belligerent¹³ parties, to the citizens or subjects of the other, to carry on a specified¹⁴ trade.

2. The effects of the license are to suspend or relax the rules of war to the extent of the authority given. It is the assumption of a state of peace to the extent of the license. In the country which grants them, licenses to carry on a pacific commerce are stricti juris, as being exceptions to the general rule; though they are not to be construed¹⁵ with pedantic¹⁶ accuracy, nor will every small deviation¹⁷ be held to vitiate the fair effect of them. 4 Rob. Rep. 8; Chitty, Law of Nat. 1 to 5, and 260; 1 Kent, Com. 164, 85.

LlCENSE, pleading. The name of a plea of justification¹⁸ to an action of trespass¹⁹. A license must be specially²⁰ pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue. 2. T. R. 166, 108