Imágenes de páginas
PDF
EPUB
[blocks in formation]

1

1

ttorney, the offence, and it is unnecessary, on the part ” which of the prosecution, to prove any circumstance practice, from which malice may be interred. But no Mees. & allegation, however false and malicious, con

tained in answers to interrogutories in affiendency davits duly made, or any other proceelings order of in courts of justice or petitions to the legisiis crime lature, are indictable. 4 Coke, 14; 2 Burr. eaf, "by 807; Hawkins, PI.Cr. b. 1, c. 73, s.8; 1 Saund. ming the 131, n. 1; 1 Lev. 240; 2 Chitty, Crim. Law, trines of 869 ; 2 Serg. & R. Penn. 23. li is no defence and ridi- that the matter published is part of a docuv, to cor- ment printed by order of the house of coni love of 'mons.9 Ad. & E. l. See JUDICIAL PRO

or wan- ! CEEDINGS. lumniate! The publisher of a libel is liable to be punof things ished criminally by indictment, 2 Chitty, m of the Crim. Law, 875; or is subject to an action on y; to de- , the case by the party grieved. Both remedies ament, or may be pursued at the same time. See,

between generally, 2 Biskup, Crim. Law; Heard, Libel it, by per- & S. assadors,

LIBEL OF ACCUSATION. In malicious

Scotch Law. The instrument which con or writing, tains the charge against a person aceused of either to

a crime. Libels are of two kinds, namely, 3 dead, or

indictments and criminal letters, ving, and ztred, con

Every libel assumes the form of what is termed, tive cata

in logic, a syllogiem. It is first stated that some

| particular kind of act is criminal: as, that "theft ies of this is a crime of a heinous nature, and severely pun. amon law; ishable." This proposition is termed the ninjor, lictable in It is next stated that the person accused is guilty on law, or of the crime so named, " actor, or art and part."

3 Green- This, with the narrative of the manner in which, 9 Johns,

and the time wben, the offence was committed, is

called the minor proposition of the libel. The conN. H. 34. clusion is that, all or part of the facts being proved, the dead, or admitted by confession, the proel " ought to be breach of punished with the pains of the law. to deler others

and rela- from committing the like crime in all time coming," e insult of Burton, Man. Pub. L. 300, 301. iable to in- LIBELLANT. The party who files a ion of the libel in an ecclesiastical or ndmiralty case, o posterity corresponding to the plaintiff in actions in ly a versed the common-law courts. ; 4 Term, l; lleard,

LIBELLEE. A party against whom a

libel has been filed in proceedings in an scandalous,

ecclesiastical or in admiralty, corresponding

to the defendant in a common-law suit. le or abhor, it is libel- LIBELLUS (Lat.). In Civil Law. d. 5 East, A little book. Libellus supplex, a petition, 215; Chitty, especially to emperor; all petitions to whom

must be in writing. L. 15, D. in jus voc. - a libel Libellum rescribere, to murk on such petition

the shelves the answer to it. L. 2, & 2, Dig. de jur. fisc. r sale; and Libellum agere, to assist or counsel the empee libel to be ror in regard to such petitions, L. 12, D.'de left others : distr. pign.; and one whose duty it is to do

to be public so is called magister libellorum. There were -here several also promagistri. L. 1, D. de offic. præf pract. net publica- Libellus accusatorius, an information and acpublication cusation of a crime. L. 17, 1, & L. 29, & 8, f the malice D. ad leg. Jul. de adult. Libellus dirortii, a ed. Express writing of divorcement. L. 7, D. de divort. et - a man pub- repud. Libellus rerum, an inventory. Calv. face of it is Lex. Libellus or oratio consultoria, a message does so from by which emperors laid matters before senate.

constitutes Calvinus, Lex.; Suet. Cæs. 56.

LIBERTY

VIIL Ere

LIBELLUS FAMOSUS

42

LIBERTY

pa s persin to whaterer place one's in

pe mar diret, without imprisonment affected per:

stait mes by due course of law. 1 act must be

[ocr errors]

sponsible

IX. It ba som litery is an effectual share in the Rights and

she and administration of the laws. Lie refer to the

to the gox

[ocr errors]

Weapon in t

5. X. 11 kert, in its ridest sense, means the fa

the law, as fering , and the power of doing what has

bear arms. rind vibet infuence from without. It

XL Tbe so nel seters nation, unrestrainedness of ac

meeting ar fin defned, one being only can be abso

organizing -Famzis

, God. So soon as we apply the vs det te whares of banan action, the term poses, are i

The folk was latice seaning, because the power mata; be is sabject to constant infuences

racter of grihet . If the idea of abrestrainedness of ac

XII. PL pied to the social state of man, it receives liste til grester, since the equal claims of suel setén of all necessarily involves the and promotion against interference by others. in ne to the definition, that liberty of 80Du beests in the protection of unrestrained Calls high a degree as the same claim of dia desch individual admits of, or in the

bont protection of his rights, claims, inte& isa e citizen, or of his humanity, mani. legislatur als a scial being. (Bee Ricar.) The word

branches, oral.

XIII. 1 tion aza's of the ti necessary efficient chiefly in

it may United :

A writing in which is contained the names extent on a statute staple, commanding the
of the plaintiff (actor) and defendant (reus), sheriff to deliver them to the plaintiff, by the
the thing sought, the right relied upon, and extent and appraisement mentioned in the
name of the tribunal before which the action writ of extent and in the sheriff's return
is brought. Calvinus, Lex.

thereto. See Comyns, Dig. Statute Staple (D6).
Lihullus appellatorius, an appeal. Calvinus,

LIBERATION. In Civil Law. The
Lex. ; L. 1, & ult., D. ff. de appellat.

In English Law (sometimes called libel- extinguishment of a contract, by which he who
lus conventionalis). A bill. Bracton, fol. was bound becomes free or liberated. Wolf,

Dr. de la Nat. & 749. Synonymous with 112.

pay

ment. Dig. 50. 16. 47.
LIBELLUS FAMOSUS (Lat.). A
libel; a defamatory writing. L. 15, D. de LIBERTI, LIBERTINI. In Roman
pæn.; Vocab. Jur. Utr. sub "famosus.It Law. The condition of those who, having
may be without writing: as, by signs, pic- been slaves, had been made free. 1 Brown,
tures, etc. 5 Rep. de famosis libellis. Civ. Law, 99.

LIBER (Lat.). In Civil Law. A book, There is some distinction between these words.
whatever the material of which it is made; By libertus was understood the freedman when
& principal subdivision of a literary work considered in relation to his patron, who had be-
thus, the Pandects, or Digest of the Civil Law, tinus when considered in relation to the state be
is divided into fifty books. L. 52, D. de legat. occupied in society subsequent to his manumission.

In Civil and Old English Law. Free: Leç. El. Dr. Rom. 293.
e.g. a free (liber) bull. Jacobs. Exempt
from service or jurisdiction of another, Law

LIBERTY (Lat. liber, free; libertas, free-
Fr. & Lat. Dict.: e.g. a free (liber) man. L.

dom, liberty). Freedom from restraint. The
3, D, de statu hominum.

faculty of willing, and the power of doing LIBER ASSISARUM (Lat.). The without.

what has been willed, without influence from
book of assigns or pleas of the crown; being A privilege held by grant or prescription,
the fifth part of the Year-Books.

by which some men enjoy greater privileges
LIBER FEUDORUM (Lat.). A code than ordinary subjects.
of the feudal law, which was compiled by di- A territory with some extraordinary privi-
rection of the emperor Frederick Barbarossa, lege.
and published in Milan, in 1170. It was A part of a town or city: as, the Northern
called the Liber Feudorum, and was divided Liberties of Philadelphia. See Faubourg.
into five books, of which the first, second, and Civil liberty is the greatest amount of abso-
some fragments of the others still exist, and are lute liberty which can in the nature of things
printed at the end of all the modern editions be equally possessed by every citizen in a
of the Corpus Juris Civilis. Giannone, b. state.
13, c. 3; Cruise, Dig. prel. diss. c. 1,8 31. The term is frequently used to denote the
LIBER HOMO (Lat.). A free man; a

amount of absolute liberty which is actually
freeman lawfully competent to act as juror. enjoyed by the various citizens under the
Ld. Raym. 417; Kebl. 563.

government and laws of the state as admi-
In London, a man can be a liber homo nistered. 1 Blackstone, Comm. 125.
either--1, by service, as having served his ap-

The fullest political liberty furnishes the
prenticeship; or, 2, by birthright, being a son best possible guarantee for civil liberty.
of a liber homo; or, 3, by redemption, i.e. allow-

Lieber defines civil liberty as guaranteed
ance of mayor and aldermen. *8 Rep., Case of protection against interference with the inte-
City of London. There was no intermediate rests and rights held dear and important by
state between villein and liber homo. Fleta, large classes of civilized men, or by all the
lib. 4, c. 11, $ 22. But a liber homo could be members of a state, together with an effec-
vassal of another, Bract. fol. 25.

tual share in the making and administration In Old European Law. An allodial pro- of the laws, as the best apparatus to secure prietor, as opposed to a feudatory. Calvinus, that protection, including Blackstone's diviLex, Alode.

sions of civil and political under this head. LIBER JUDICIARUM (Lat.). The

Natural liberty is the right which nature book of judgment, or doom-book. The Saxon gives to all mankind of disposing of their Domboc. Conjectured to be a book of statutes persons and property after the manner they of ancient Saxon kings. See Jacob, Domboc; condition of their acting within the limits of

judge most consonant to their bappiness, on 1 Sharswood, Blackst. Comm. 64.

the law of nature and so as not to interfere
LIBER ET LEGALIS HOMO (Lat.). with an equal exercise of the same rights by
A free and lawful man. One worthy of being other men. Burlam. c. 3, & 15; 1 Blackstone,
a juryman: he must peither be infamous nor Comm. 125. It is called by Lieber social lib-
a bondman. 3 Sharswoo!, Blackst. Comm. erty, and is defined as the protection of unre-
340, 362; Bracton, fol. 14 b; Fleta, 1. 6, c. strained action in as high a degree as the
25,8 4; 1. 4, c. 5, 8 4.

same claim of protection of each individual
LIBERATE (Lat.). In English Prac- admits of.
tice. A writ which issues on lands, tene- Personal liberty consists in the power of
ments, and chattels, being returned under an locomotion, of changing situation, or remov-

tions she

times. so upied to mes in their political state, may

6. XI se pred rith reference to the state as a whole,

of makit 2.1 is case wauns the independence of the with the mod der sta es (see AUTOFONY); up to see to the relation of the citizen to the

XV. 210e, in which case it is called political or

not on Is het, en it may have reference to the status 110 4 1 political beinz, contradistinguished protect:

factis a la pis is not considered moster over his

XI. a labir,-the slare. This is called sa liberty

, which, as a matter of course, inDe redan from prison.

III A liber, in his work on Civil Liberty, calls the divi I quam rbich was erolred in England, and tips, 'i the basis of liberty in the countries settled 'The un a baciat propie, Anglican liberty. The princi- the ne a qaratges, cording to him, are:

XTI Streal independence. There must be no in An: a aterietence

. The conntry must have the has and power of establishing the government it and in

are pot tion is

[ocr errors]

Court

I litidual liberty, and, as belonging to it, that, rental liberty, or the great habeas-carpus prin menta 32, nad the probibition of general warrants of

prenu
x. The right of bail belongs also to this head. bot tr
1. Tell-secured penal trial, of which the

npcrtant ia trial for high treason.
1. The freedota of communion, locomotion, and

ports

presa Litery opascience. The United States 16x. dating and the constitations of all the states

In be persons prohibiting any interference with tion

the 1. Tl Protection of individual property, which tron: pang marestrained action in producing and ex- tions segue the probibition of unfair monopolies, sort

uzmial freedom, and the guarantee that no of a Party shall be taken except in the course of T 14, te priseiple that taxation shall only be with in te seat of the tax-payer, and for short periods cial ay and the exelasion of confiscation. 111 štenmay of the lar. The law must not, be stee, palate any superior law or civil princi- thr As ek mast it be an er post facto law. The ex- of For most not possess the power of declaring ser watal lat, which is merely a suspension of all an bre , la extreme cases, parliament in England be el magra in the United States pass an act sus

[ocr errors]

1

[blocks in formation]
[blocks in formation]

0. 134.

to whatever place one's in- VII. Every officer must be responsible to the ect, without imprisonment affected person for the legality of his act; and no is by due course of law. 1 act must be done for which sume one is not re

sponsible.

IX. It has been deemed necessary in the Bill of is an effectual share in the

Rights and the American constitution specially to nistration of the laws. Lie- refer to the quartering of soldiers as a dangerous

weapon in the hands of the executive.

5. X. The forces must be strictly submitted to 3 widest sense, means the fa- the law, and the citizen should have the right to i the power of doing what has

bear arms. it influence from without. It

XI. The right of petitioning, and the right of pation, unrestrainedness of ac1. one being only can be abso- meeting and considering public matters, and of GvdSo soon as we apply the organizing into associations for any lawful pur

poses, are important guarantees of civil liberty. cres of human action, the term

The following guarantees relate more expecially meaning, because the power of

to ibe government of a free country and the chais subject to constant influences

racter of its polity: e idea of uprestrainedness of ac

XII. Publicity of public business in all ita ne social state of man, it receives branches

, whether legislutive, judicial, written, or water, since the equal claims of

oral. of all necessarily involves the

XIII. The supremacy of the law, or the protce. against interference by others. tion against the absolutism of one, of several, or e definition, that liberty of so

of the majority, requires other guarantees. It is n the protection of unrestrained necessary that the public funds be under close and

individual admits of, or in the efficient popular control; they should therefore be ction of his rights, claims, inte chiefly in the bands of the popular branch of the izen, or of his humanity, mani logislature, never of the executive. Appropria

tions should alsu be for distinct purposes and short eing. (See Right.) The word

times. inen in their political state, may

6. XIV. It is further necessary that the power ference to the state as a whole, of making war reside with the people, and not ameans the independence of the

with the executive. A declarativn of war in the es (see ActONOMY); or it may United States is an act of congress. the relation of the citizen to the

XV. The supremacy of the law requires, also, pich case it is called political or

not only the protection of the minority, but the may have reference to the status itical being, contradi-tinguished protecti»n of the majority against the rule of a

factious minority or cubal. not considered master over his

XVI. The majority and, through it, the people D5,-the slave. This is called

are protected by the principle that the administra. evhich, as a matter of course, in

tion is founded in party principles. in prison.

XVII. A very iinportant guarantee of liberty is his work on Civil Liberty, calls the division of government into three distinct tunch was evolved in England, and tions,— legislative, adıninistrative, and judicial. f liberty in the countries settled The union of these is absolutism or despotism on e, Anglican liberty. The princi- the one hand, and slavery on the other. cording to him, are:

XVIII. As a general rule, the principle prevails dependence. There must be no in Anglican liberty that the executive may do wbat ace. The country must have the is positively allowed by fundamental or other law, of establishing the government it and not all that which is not probibited,

7. XIX. The supremacy of the law requires liberty, and, as belonging to it, that, where enacted constitutions form the fundaof the great habeas corpus prin- mental law, there be some authority which can Cohibition of general warrants of pronounce whether the legislature itself has or bas of bail belongs also to this head.

not transgressed it. This power must be vested in cured penal trial, of which the

courts of law. trial for high treason.

XX. There is no guarantee of liberty more imom of communion, locomotion, and portant and more preuliarly Anglican than the reconscience. The United States | 168.

presentative government. See Lieber, Civ. Lib. p. the constitutions of all the states In connection with this, a very important ques. prohibiting any interference with tion is, whether there should be direct elections by

the people, or whether there should be double election of individual property, which tions. The Anglioun principle favors simple elecined action in producing and ex- tions; and double elections have often been reprohibition of unfair monopolies, sorted to as the very means of avoiding the object dom, and the guarantee that no of a representative government. be taken except in the course of The management of the elections should also bo le that taxation shall only be with in the hands of the voters, and government espe. he tax-payer, and for short periods cially should not be allowed to interfere. cclusion of confiscation.

Representative bodies must be freo. They must scy of the law. The law must not, be freely chosen, and, when chosen, act under no ? any superior law or civil princi-threat or violence of the executive or any portion t be an ex post facto law. The es of the people. They must be protected as repre. tot possess the power of declaring sentative bodies; and a wise parliamentary law hich is merely a suspension of all and usage should secure the rights of each meinme cases, parliament in England ber and the elaboration of the law.

the United States pass an act sus. A peculiar protection is afforded to members of Leas corpus acts

the legislature in England and the l'nited States,

45

LIBERTY SERTITUM

LIBERTY

44

LIBERTY OF SPEECII

stig

, and amenable to a just, and given by some ci man bacious, punishment, inflicted act which witho strualde sunsel will indulge himself

An authority en sterity; and it is doubtless of acts on an ibi

PMD. 3 Chitty, Pract. 887. illegal.

to the part to prevent any such any estate there

[ocr errors]

56;

Ch. 1. Y. 72; 1

The written e LIBERTY MARITAGIUM (Lat.).

right. 1. English Law. Frank-marriage

An executed rapod. Blackst . Comm. 115;

act bas been doi

An executory BERUM SERVITIUM. Free ser licensed act has you of a rarlike sort by a feuda

An express la masti s petimes called sercitium libe- in direct terms. Somner, Garelk.

P. An implied li di Las Dide; 4 Coke, 9.

to have been gi artis bot on bezming character of free authorized to go wikiler to perform: as, to serre under

It is distingui mi ba wars

, to pay a sum of money, plies an interest

2 Sharsword, Blackst. Comm. lease, or right to e pare of free service does not make be, however, and man te man, unless homage or manu- some interest 10 Las marle, any more than a tenure by profits. 1 Wasb asetati makes a freeman a villein.

22; by parol, 13

& S. 562; 7 B LIBERUM TENEMENTUM. In Prop. 148; or t 1997. Freehold. Fraok-tenement. 2 as opening a do soze last D. 1690; 1 Washburn, Real 62 ; 2 Greeniea:

A license pay

by their freedom from arrest, except for certain which, together with Montesquieu's Spirit of Laws, specified crimes.

may be said to have furnished the chief food on 8. Every member must possess the right to pro- which the minds of our most distinguished revolupose any measure or resolution.

tionary framers and legislators were reared). As Not only must the legislature be the judge of the to Montesquieu's Esprit des Lois, the student ought right each member has to his seat, but the whole to combine with it the Critical Commentary, by internal management belongs to itself. It is indis- Count Destutt de Tracy, first published in Philapensable that it possess the power and privileges to delphia in 1811, and, if we are rightly informed, protect its own dignity.

adopted by Mr. Jefferson as a political text-book The principle of two houses, or the bicameral for the University of Virginia. There is a Gernian system, is an equally efficient guarantee of liberty, translation of Destutt de Tracy, with additional by excluding impassioned legislation and embody-notes and criticisms, by C. F. Morstadt, Heideling in the law ibe collective mind of the legisla- berg, 1820; Locke, Two Treatises on Government; ture.

the best English edition of De Lolme on the Brit. XXI. The independence of the law, of which the ish Constitution; the Works of Jeremy Bentham ; independence of the judiciary forms a part, is one Hallam, Constitutional History of England; Creasy, of the main stays of civil liberty. It requires "a Rise and Progress of the English Constitution; living common law, a clear division of the judi- Rousseau, Contrat Social (in connection with it, ciary from other powers, the public accusatorial Lorimer's Political Progress not necessarily Demoprocess, the independence of the judge, the trial cratic); Guizot, especially his Democracy; Jonaby jury, and an independent position of the advo- | than Elliot; the Debates in the several State Concate.' See Lieber, Civil Liberty and Self-Govern- ventions on the Adoption of the Federal Constitu. ment, pp. 208–250.

tion, together with the Journal of the Federal Con. 9. XXII. Another constituent of our liberty is vention, as reported by James Madison; John local and institutional self-government. It arises Adams' Defence of the Constitution of the United out of a willingness of the people to attend to their States; The Federalist, by Hamilton and Madison; own affairs, and an unwillingness to permit of the in- George T. Curtis, History of the Origin, Formation, terference of the executive and administration with and Adoption of the Constitution of the United them beyond what it necessarily must do, or which States; Story's Commentaries; Sismondi, Histoire cannot or ought not to be done by self-action. A de la Renaissance de la Liberté en Italie, and his pervading self-government, in the Anglican sense, History of the Italian Republics in the Middle Ages; is organic: it consists in organs of combined self-Lieber's Political Ethics; Whewell's Elements of action, in institutions, and in a systematio connec- Morality, including Polity; all those portions of the tion of these institutions. It is, therefore, equally great writers on the Law of Nations where human opposed to a disintegration of society and to des- rights are discussed. For criticism of political potism.

literature and a comprehensive enumeration of po. American liberty belongs to the great division of litical writers, we must refer the student to Robert Anglican liberty, and is founded upon the checks, von Mohl, History and Literature of Political Sciguarantees, and self-government of the Anglican ences, 3 vols. Erlangen, 1858.

The following features are, however, peculiar to American liberty : republican federalism,

LIBERTY OF THE PRESS. The strict separation of the state from the church, right to print and publish the truth, from greater equality and acknowledgment of abstract good motives and for justifiable ends. 3 rights in the citizen, and a more popular or demo- Johns. Cas. N. Y. 394. cratic cast of the whole polity. With reference to This right is secured by the constitution the last two may be added these further character- l of the United States. Amendments, art. 1. istics :

10. We have everywhere established voting by The abuse of the right is punished crimiballot.

The executive has never possessed the nally by indictment, civilly by action. See power of dissolving or proroguing the legislature. Judge Cooper, Libel; Libel. The list of states has not been closed. We admit foreigners to the rights of citizenship, and we do public support in speaking facts or opinions.

LIBERTY OF SPEECH. The right to not believe in inalienable allegiance. There is no attainder of blood. We allow no ex post facto

2. It is provided by the constitution of the laws. American liberty possesses, also, as a cha- United States that members of congress shall racteristic, the enacted constitution,--distinguish- not be called to account for any thing said in ing it from the English polity, with its accumula- debate; and similar provisions are contained tive constitution. Our legislatures are, therefore, in the constitutions of the several states in not omnipotent, as the British Parliament theoreti- relation to the members of their respective cally is; but the laws enacted by them may be declared by the supreme courts to contlict with the legislatures. This right, however, does not constitution, as unconstitutional.

extend beyond the mere speaking; for if a The liberty sought for by the French, as a pecu- member of congress were to reduce his speech liar system, is founded chiefly, in theory, on the to writing and cause it to be printed, it would idea of equality and the abstract rights of man. no longer bear a privileged character, and (Rousseau's Social Contract.) Lieber calls this he might be held responsible for a libel, as system--if indeed that which has never yet come to be established as an enduring reality, with true any other individual. See Bacon, Abr. Libel vitality, can be called a system--Gallican liberty,

(B); Debate. to contradistinguish it from Anglican liberty.

3. The greatest latitude is allowed by the 11. Very few works have been written that common law to counsel : in the discharge of treat exclusively of civil liberty; but liberty has his professional duty, he may use strong been more or less comprehensively treated in many epithets, however derogatory to other persons works in which the great topics of government or they may be, if pertinent to the cause, and the rights of individuals or nations have been dis stated in his instructions, whether the thing cussed. Aristotle's Politics; W. Fortescue, De Laydibus Legum Angliæ; Hooker, The Laws of Eccle-were true or false. But if he were malisiastical Polity; Locke on Government; Algernon ciously to travel out of his case for the purSidney, Discourses on Government (the great book pose of slandering another, he would be liable

race.

2. It may . Pleading. A plea in justification by many cases, tedat in an action of trespass, by 2 Greenleaf,

An execut cit te caims that he is the owner of the aksmiled in the declaration

, or that it the pleasure dabilt of some third person by whose Real Prop. 12. be entered. 2 Sall. 453 ; 7 Term, may be revok Ta Saund. 299 b, pote.

Mass. 433; las de efect of empelling the plaintif the licensee 1 sodypment, setting out the abuttals 378; 23 id. manes Las the locus in

Mass. 251: only generally

quo en de aration, 11 East, 51, 72; 16 id. 364; 13 id. 3:] Barber. & C. 489; or to set forth Wisc. 117; dat in case he claims as tenant of the & W. Esch azt, ar the person ordering the tres- Barnew. & 2. I sand.20 6. It admits possession Penn. 267. paintif, and the fact of the commis- with a tran 1 28.paks as charged. 2 M'Cord, So. 8 Mete. Ma

W. Exch. LICENCIADO. In Spanish Law.

3. Ane Ter Adrocate. By a decree of the

easement sa preroment of 6th November, 1843,

licensee's Ta declared that all

Mass, 393 persons who have

221; 3 W pe' from any of the literary universitad Syain are entitled to practise in all

The efi revoked,

nazeh diplomas of " Licentiates in Juris- 682: 3 B

a sera of Spain without first obtaining from liat teen by the tribuzels of justice. har tide is furnished them by the miniset de interior, to whom the universities med a list of those whom they think sy best does not apply to those already

Thele , bo may, however, obtain the benetiti na surrenderirg their license and

Story, enreg with certain other formalities

pre

ance ther N. Y. 3 Mans, 5 378; 13 5 Barne

out con

LICENSE (Lat. licere, to permit).

18318.

In la Contracts. A permission. A right lects,

grant

[blocks in formation]

amenable to a just, and given by some competent authority to do an us, punishment, inflicted act which without such authority would be

3 Chitty, Pract. 887. illegal. 7sel will indulge himself An authority to do a particular act or series v; and it is doubtless of acts on another's land without possessing urt to prevent any such any estate therein. 11 Mass. 533; 4 Sandt.

Ch. N. Y. 72; 1 Washburn, Real Prop. 148. AARITAGIUM (Lat.). The written evidence of the grant of such Law. Frank-marriage right. 1, Blackst. Comm, 115 ;

An executed license exists when the licensed aton, fol. 21.

act bas been done. ERVITIUM. Free ser-licensed act has not been performed.

An executory license exists where the warlike sort by a feudaimes called servitium libe- in direct terms.

An express license is one which is granted Somner, Gavelk. p. 56; An implied license is one which is presumed 4 Coke, 9.

to have been given from the acts of the party ecoming character of free- authorized to give it. perform: as, to serve under s, to pay a sum of money, plies an interest in the land to be affected, and a

It is distinguished from an easement, which im. harewood, Blackst. Comm. lease, or right to take the profits of land. It may free service does not make be, however, and often is, coupled with a grant of n, unless homage or manu- some interest in the land itself, or right to take the ny more than a tenure by profits. 1 Washburn, Real Prop. 148. akes a freeman a villein.

A license may be by specialty, 2 Parsons, Contr, 22; by parol, 13 Mees. & W. Exch. 838; 4 Maule

& S. 562; 7 Barb. N. Y. 4; I Washburn, Real TENEMENTUM. In Prop. 148; or by implication from circumstances, hold. Frank-tenement. 2 as opening a door in response to a knock. Hub. 1090; 1 Washburn, Real 62; 2 Greenleaf, Ev. 2 427.

2. It may be granted by the owner, or, in A plea in justification by many cases, by a servant. Croke Eliz. 216; an action of trespass, by 2 Greenleaf, Ev. & 427. that he is the owner of the An executory license may be revoked at

the declaration, or that it the pleasure of the grantor. I Washburn, some third person by whose Real Prop. 148. In general, a mere license red. 2 Salk. 453 ; 7 Term, may be revoked at the grantor's pleasure, 11 ind. 299 b, note.

Mass. 433; 15 Wend. N. Y. 380; although of compelling the plaintiff the licensee has incurred expense. 10 Conn. ent, setting out the abuttals 378; 23 id, 223 ; 3 Du. N. Y. 355 ; 11 Mete. locus in quo only generally Mass. 251; 2 Gray, Mass. 302; 24 N. II. , 11 East, 51, 72; 16 id. 364; 13 id. 264; 4 Johns. N. Y. 418; 3 & C. 489, or to set forth Wisc. 117; 1 Dev. & B. No. C. 492; 13 Mees. he claims as tenant of the & W. Exch. 838; 37 Eng. L. & Eq. 489; 5 - person ordering the tres- Barnew. & Ad, 1. But see 14 Serg. & R. 2096. It admits possession Penn. 267. Not so a license closely coupled and the fact of the commis- with a transfer of title to personal property. as charged. 2 M'Cord, So. 8 Metc. Mass. 34; 11 Conn. 525; 13 Mees. &

W. Exch. 856; 11 Ad, & E. 34.

3. An executed license which destroys an DO. In Spanish Law. cate. By a decree of the licensee's land, cannot be revoked. 9 Metc.

easement enjoyed by the licenrer in the ent of 6th November, 1843, Mass. 395; 2 Gray, Mass. 302; 2 Gill, Md. that all persons who have es of " Licentiates in Juris- 682; 3 Barnew. & C. 332 ; 5 id. 221.

221; 3 Wisc. 124; 3 Du. N. Y. 255; 7 Bingh. any of the literary universi

The effect of an executed license, though e entitled to practise in all

revoked, is to relieve or excuse the licensee ain without first obtaining from liability for acts done properly in pursutribunals of justice.

ance thereof, and their consequences. *6 Du. urnished them by the minis- N. Y. 363 ; 22 Barb. N. Y. 336; 18 Pick. -r, to whom the universities Mass. 569; 2 Gray, Mass. 302; 10 Conn. of those whom they think 378; 13 N. H.264; 7 id. 237; 7 Taunt, 377;

5 Barnew. & C. 221. not apply to those already

The licensee's improvements on lands withy, however, obtain the bene; out compensation, in equity. 3 Wisc. 117; Frendering their license and Story, Eq. Jur. & 1237; Angell, Wat. Cour. certain other formalities prew.

In International Law. Permission at. licere, to permit). granted by a belligerent state to its own sub· A permission. A rightjects, or to the subjects of the enemy, to

[ocr errors]
« AnteriorContinuar »