license

No formal granting of a license is necessary in order to give it effect. Any language used by the owner of the patent or any conduct on his part exhibited to another, from which that other may properly infer that the owner consents to his use of the patent in making or using it, or selling it, upon which the other acts, constitutes a license, and a defense to an action for a tort.

In the law of contracts. A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort. Sinte v. Hipp, 38 Ohio St 226; Youngblood v. Sexton, 32 Mich. 406, 20 Am. Rep. 654; Hubman v. State, 61 Ark. 482, 33 S. W. 843; Chicago v. Collins, 175 111. 445, 51 N. E. 907, 49 In R. A. 408, 67 In R. A. 224. Also the written evidence of such permission.

In real property law. An authority to do a particular act or series of acts upon another's land without possessing any estate therein. Clifford v. O'Neill, 12 App. Div. 17, 42 N. Y. Supp. 607; Davis v. Townsend, 10 Barb. (N. Y.) 343; Morrill v. Mackman, 24 Mich. 282, 9 Am. Rep. 124; Wynn v. Garland, 19 Ark. 23, 68 Am. Dec. 190; Cheever v. Pearson, 16 Pick. (Mass.) 266. Also the written evidence of authority so acoorded. 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. 398.

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. In the law of patents. A written authority granted by the owner of a patent to another person empowering the latter to make or use the patented article for a limited period or in a limited territory.

In interuatioual 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. Wheat. Int. Law, 447.

— High license. A system for the regulation and restriction of the traffic in intoxicating liquors, of which the distinguishing feature is the grant of licenses only to carefully selected persons and the charging of a license fee so great in amount as automatically to limit the number of retailers.

— Letter of license. In English law, a written instrument in the nature of an agreement, signed by all the creditors of a failing or embarrassed debtor in trade, granting him an extension of time for the payment of the debts, allowing him in the mean time to carry on the business in the hope of recuperation, and protecting him from arrest, suit, or other interference pending the agreement. This form is not usual in America; but something similar to it is found in the "composition" or "extension agreement," by which ali the creditors agree to fund their claims in the form of promissory notes, concurrent as to date and mainrity, sometimes payable serially and sometimes extending over a term of years. Provision is often made for the supervision or partial control of the business, in the mean time, by a trustee or a committee of the creditors, in which case the agreement is sometimes calied a "deed of inspectorship," though this term is more commonly used in England than in the United States.

— License cases. The name given to the group of cases including Peirce v. New Hampshire, 5 How. 504, 12 L. Ed. 256, decided by the United States supreme court in 1847, to the effect that state laws requiring a license or the payment of a tax for the privilege of selling intoxicating liquors were not in conflict with the constitutional provision giving to congress the power to regulate interstate commerce, even as applied to liquors -imported from another state and remaining in the original and unbroken packages. This decision was overruled in Leisy v. Hardin, 135 U. S. 100, 10 Sup. Ct. 681, 34 I. Ed. 128, which in turn was counteracted by the act of congress of August 8, 1890, commonly calied the "Wilson law."

— License fee or tax. The price paid to governmental or municipal authority for a license to engage in and pursue a particular calling or occupation. See Home Ins. Co. v. Augusta, 50 Ga. 537 ; Levi v. Louisville, 97 Ky. 394, 30 ST W. 973, 28 L. It A. 480

— License in amortization. A license authorizing a conveyance of property which, without it, would be invalid under the statutes of mortmain.

— Marriage license. A written license or permission granted by public authority to persons who intend to intermarry, usually addressed to the minister or magistrate who is to perfom the ceremony, or, in general terms, to any one authorized to solemnize marriages.

— Registrar's license. In English law, a license issued by an officer of that name authorizing the solemnization of a marriage without the use of the religious ceremony ordained by the Church of England

— Rod license. In Canadian law, a license, granted on payment of a tax or fee, permitting the licensee to angle for fish (particularly salmon) which are otherwise protected or preserved.

— Special license. In English law. One granted by the archbishop of Canterbury to authorize a marriage at any time or place whatever. 2 Steph. Comm. 247, 255.

Permission; authority; permission to do an act which without permission would be unlawful; the written evidence of such permission; authority to do a particular act or series of acts on the land of another, without passing an estate therein; a conveyance of a patent short of the entire monopoly for any given district.

In the law of contracts. A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would bea trespass oratort. Also the written evidence of such permission.

In real property law. An authority to doa purticular act or series of acts upon another’s land without possessing any estate therein. Also the written evidence of authority so accorded. Tt is distinguistied from an “ensement, ” which impiies an interest in the land to be affected, and a “lease,” or right to take the profits of land. It may be, ho-vever, and often is, coupled with a grant of some interest in the land itself, or right to take the profits. 1 Washb, Real Prop. *398, In pleading. A plea of justification to an action of trespass that the defendant was authorized by the owner of the freeliold to commit the trespass complained of. In the law of patents. <A wrilten authority granted by the owner of a patent to another person empowering the latter to make or use the patented article for a limited period or in a limited territory.

In international law. Permission granted by a belligerent state to ita own subjects, or fo the subjects of the enemy, to carryona trade interdicted by war. Wheat. Int. Law, 447. Marriage license. A marriage license is an authority enabling two persons to be married.