KFLCC Kingdom Law 2nd Ed.

724

LICENSE

LICERE

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 grant ed 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 na ture of an agreement, signed by all the credi tors 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 re cuperation, and protecting him from arrest, suit, or other interference pending the agree ment. This form is not usual in America; but something similar to it is found in the "com position" or "extension agreement," by which all the creditors agree to fund their claims in the form of promissory notes, concurrent as to date and maturity, 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 called 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 privi lege 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. Ot. 681, 34 L. Ed. 128, which in turn was counteracted by the act of congress of August 8, 1890, comnyraly called 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. R. 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 per mission 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 au thorized to solemnize marriages.— Registrar's license. In English law, a license issued by an officer of that name authorizing the solemni zation 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 (particu larly 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 what ever. 2 Steph. Coram. 247, 255.

kind of intoxicating liquor under a license from the justices of the peace. Wharton.

LICENSEE.

A person to whom a license

has been granted. In patent law.

One who has had trans ferred to him, either in writing or orally, a less or different interest than either the in terest in the whole patent, or an undivided part of such whole interest, or an exclusive sectional interest Potter v. Holland, 4 Blatchf. 211, Fed. Cas. No. 11,329. This expression is applied by Hallam (Const. Hist c. 13) to acts of parliament for the restraint of print ing, except by license. It may also be ap plied to any act of parliament passed for the purpose of requiring a license for doing any act whatever. But, generally, when we speak of the licensing acts, we mean the acts regu lating the sale of intoxicating liquors. Moz ley & Whitley. LICENSING ACTS. mission. —Licentia concordandi. In old practice and conveyancing. License or leave to agree; one of the proceedings on levying a fine of lands. 2 Bl. Comm. 350.— Licentia loqnendi. In old practice. Leave to speak, (t. e., with the plaintiff;) an imparlance; or rather leave to imparl. 3 Bl. Comm. 299.— Licentia sur gendi. In old English practice. License to arise; permission given by the court to a ten ant in a real action, who had cast an essoin de malo lecti, to arise out of his bed, which he could not do without such permission, and after being viewed by four knights appointed for the purpose. Bract fol. 355.— Licentia trans fretandi. A writ or warrant directed to the keeper of the port of Dover, or other seaport, commanding him to let such persons pass over sea as have obtained the royal license there unto. Reg. Orig. 193. The indulgence of the arbitrary will of the individual, with out regard to ethics or law, or respect for the rights of others. In this it differs from "liberty;" for the latter term may properly be used only of ttie exercise of the will in its moral freedom, with justice to all men and obedience to the laws. Welch v. Durand, 36 Conn. 184, 4 Am. Rep. 55; State v. Brigman, 94 N. C. 889. In a narrower and more technical sense, the word is equivalent to lewdness or lascivi ousness. Holton v. State, 28-Fla. 303, 9 South. 716. LICENTIATE. One who has license to practice any art or faculty. LICENTIOUSNESS. LICERE. Lat To be lawful; to be al lowed or permitted by law. Calvin. LICERE, LICERI. Lat In Roman law. To offer a price for a thing; to bid for i t LICENSOR. The person who gives or grants a license. LICENTIA. Lat License; leave; per

LICENSED VICTUALLER. A term ap plied, in England, to all persons selling any