Page:Black's Law Dictionary (Second Edition).djvu/732

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LICENSE

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 bel.li:zerent state to its own subjects, or to the subjects or the enemy, to carry on a trade interdicted by war. Wheat. Int. Law. 4-17.

—I{igh license. A system for the regulation and restriction of the trafiic In lntoxicating liquors, of which the distinguishing feature is the grant of licenses only to carefully selected pi-rsuns and the charging of a litense fee so great in amount as automatically to limit the number of retailer-s.—Letter of license. In English law, in written instrument in the nature of an agreement. signed by all the creditors of a falling or embarrassed debtor ln trade, grunting bim 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 olher interference pending the agreement. This form is not usual in Amerie b t something similar to it is found in the position" or “extension agreement," by wbich all the creditors agree to fund their claims in the form of promissory notes, concurrent as to date and maturity. sometimr-s 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 cuse the agreement is sometimes called a “deed of insnectorship," though this term is more commonly used in England than in the United St-ites.—Licen.se cases. The name given to the group of cases including Peirce v. New Hampshire, 5 How. 504, B L. Ed. 56, lll’(‘Idl’ll by the United States supreme court in 1S4'I. 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 (U|'lJLLI€I'Ce, even as applied to liquors imported from another state and remaining in the original and unbroken packages. ‘ ‘a decision was overruled in Leisy v. Hardi . 135 U. S. 100. 10 Sup. Ct. 691. 34 L. Ed. 128, which in turn was counleriicted by the act of curigr ss of August 8. 1S‘.lO. commonly called the “Wilson law."—I.icense fee or tax. The price paid to sovcrnmenrnl or lllunltlpill authority for 1 license to en:;'ige in and pursue a particular calling or occupation. See llome Ins. Co. v. Augusta, 50 Ga. .137; Levi v. Louisville, 97 Ky. 39-} 30 S. ‘ 373. 28 L. IL A. 480 —Licer:ise in amortization. A liccnse authorizing a conveyance of ]l‘0pe1‘ty which, without it, would he inuilid lll1(l0l' the statutes of mortma1n.— Marriage license. A written license or p01‘- niissiou granted by public authority to persons “ho intend to interruni-ry_ usunlly addressed to the minister or magistrate who is to perfom the uxremuny. or, in gcnerai terms. to any one anthorized to solemnlze marria-_:es.—Rey.:lsti-gr’: license. In English law, a license issued by an oliicer of that name authorizing the sol5-mni- zation of II. marriage without the use of the religious qereuiony orilainsd by the (huich of an .—Rod license. In Canadian law. a. , granted on payment of a tax or fee, I'll r ting the licensee to angle for fish lparticu- (:.ll‘l_\' salmon) which are otherwise protected or prescrved.—Special license. In English law. One granted by the an-hbishop of Canterbury Io authorize u marriage at any time or place whatever. 2 Steph Comm. 217. $5.

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LICENSED VIGTUALLER. A term applied. in England, to all persons selling any

724

LICERE

kind or 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 transferred t0 him. either in writing or orally, a fess or different interest than either the laterest in the whole patent, or an undirirled part of such whole interest, or an exclusive sectional interest. Potter v. Ilolland, 4 Blillichf 211. Fed. Cos. No. 11,329.

LICENSING ACTS. This expression ls applied by Hallam (Const Hist. c. 1!) to acts of parliament for the restraint of printing, except by license. It may also be applied to any act of parliament passed for the purpose of requiring a license for doing any act whatever. But. generally, whenwespeak of the llcensing acts, we mean the nets regu- lating the sale of intoxicating liquors. MOP ley & Whitley.

LICENSOR. The person who gives or grants a license.

LICENTIA. Lat. License; have; permission. —Llcenti:n concnriia.ndL In old practice and conveyancing. License or leave to agree: one of the Eroceedings on levying a fine of lands. 2 Bl. O_l1l.lll. 3EiD.—'Linentia Ioqnendi. In ol_d practice. Leave to speak. ti. 6., with the piiiinLiE;) an imparlance; or rather leave to imparl. 3 “Bl. Comm. 299.—Lioentia surge_nd.i. In old English practice. License to arise: permission given by the court to 8 tenant in a ran] action, who had cast an essoin de malo tech, 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. 5.—Licentia. transfretandi. 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.

LICENTIATE. One who has license to practice any art or faculty.

LICENTIOUSNESS. The indulgence of the arbitrary will or the individual, without regard to ethics or law, or respect for the rights of others. In this it differs from “llberty;" for the latter term may properly be used only of the 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. Briginun, 94 N. C. 889.

In a narrower and more teclmicai sense, the word is equivalent to lewdness or his: l\l-

ousness. Bolton v. State 28 Fla. 308, 9 South. '18. LICERE. Lat. To be lawful: to be al-

lowed or permitted by law. Calvin.

LICERE, LICERI. Lat. In Roman law.

To otler a price for a thing; to bid for it.