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Bouvier's Law Dictionary, Revised 6th Edition (1856)

LICENSE, 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 authorizes the performance of a certain act; as a license to
keep a tavern 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 licenses: 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 lawful purpose. See Hob. 62. A servant is, in consequence of
his employment, licensed 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. Sec. 427; Entry.
4. A license 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 revoked at pleasure, as
long as it remains executory; 39 Hen. VI. M. 12, page 7; but when carried
into effect, either partially or altogether, it can only be rescinded, if in
its nature it will admit of revocation, 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 mere 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. Sec. 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 belligerent
parties, to the citizens or subjects of the other, to carry on a specified
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 construed with
pedantic accuracy, nor will every small deviation 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.


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