Licenciado

In Spanish law. Lawyer or advocate. By a decree of the Spanish government of 6th November, 1843, it was declared that all persons who have obtained diplomas of "Licentiates in Jurisprudence" from any of the literary universities of Spain are entitled to practice in all the courts of Spain without first obtaining permission by the tribunals of justice. Their title is furnished them by the minister of the interior, to whom the universities forward a list of those whom they think qualified. This law does not apply to those already licensed, who may, however, obtain the benefit of it, upon surrendering their license and complying with certain other formalities prescribed by the law. LICENSE (Lat. licere, to permit). By Government. An authorization by the government to an individual to do certain acts, or carry on a certain business. Thus, marriage licenses, saloon keepers' licenses, pilots' licenses, etc. 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 series of acts on another's land without possessing any estate therein.

11 Mass. 533; 4 Sandf. Ch. (N. Y.) 72; 1 Washb. Real Prop. 148.

An executed license exists where 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 an easement, which implies 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 Washb. Real Prop. 148.

A license may be by specialty (2 Pars. Cont. 22); by parol (13 Mees. & W. 838; 4 Maule & S. 562; 7 Barb. [N. Y.] 4; 1 Washb. Real Prop. 148); or by implication from circumstances, as opening a door in response to a knock (Hob. 62; 2 Greenl. Ev. § 427). In International Law. Permission granted by a belligerent state to its own subjects, or to the subjects of the enemy, to carry on a trade interdicted by war.

Wheaton, Int. Law, 475.

In Patent Law. A right granted by a patentee to another to use or vend the patented article. 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 R. 166), but may be given in evidence in an action on the case (2 Mod. 6; 8 East, 308).