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
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