carry on a trade interdicted by war. Wheaton, Int. Law, 475. 4. Licenses operate as a dispensation of the rules of war, so far as its provisions extend. They are stricti juris, but are not to be construed with pedantic accuracy. Wheaton, Int. Law, 476; 1 Kent, Comm, 5th ed. 163 n.; 4 C. Rob. Adm. 8. They can be granted only by the sovereign authority, or by those delegated for the purpose by special commission. 1 Dods. Adm. 226; Stew. Adm. 367. They constitute a ground of capture and confiscation per se by the adverse belligerent party. Wheaton, Int. Law, 475. In Patent Law. See PATENTS. 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. A license must be specially pleaded to an action of trespass, 2 Term, 166, but may be given in evidence in an action on the case. 2 Mod. 6; 8 East, 308. LICENTIA CONCORDANDI (Lat. leave to agree). One of the formal steps in the levying a fine. When an action is brought for the purpose of levying a fine, the defendant, knowing himself to be in the wrong, is supposed to make overtures of accommodation to the plaintiff, who accepts them, but, having given pledges to prosecute his suit, applies to the court, upon the return of the writ of covenant, for leave to make the matter up: this, which is readily granted, is called the licentia concordandi. 5 Coke, 39; Cruise, Dig. tit. 35, c. 2, 22. LICENTIA LOQUENDI. Imparlance. LICENTIA SURGENDI. In Old English Law. Liberty of rising. A liberty or space of time given by the court to a tenant, who is essoined, de malo lecti, in a real action, to arise out of his bed. Also, the writ thereupon. If the demandant can show that the tenant was seen abroad before leave of court, and before being viewed by the knights appointed by the court for that purpose, such tenant shall be taken to be deceit fully essoined, and to have made default. Bracton, lib. 5; Fleta, lib. 6, c. 10. LICENTIA TRANSFRETANDI. A writ or warrant directed to keeper of port of Dover, or other seaport, commanding him to let the person who has this license of the king pass over sea. Reg. Orig. 93. LICENTIOUSNESS. The doing what one pleases, without regard to the rights of others. It differs from liberty in this, that the latter is restrained by natural or positive law, and consists in doing whatever we please not inconsistent with the rights of others, whereas the former does not respect those rights. Wolff. Inst. 84. LICET SÆPIUS REQUISITUS (although often requested). In Pleading. A formal allegation in a declaration that the defendant has been often requested to perform the acts the non-performance of which is complained of. It is usually alleged in the declaration that the defendant, licet sæpius requisitus, etc., he did not perform the contract the violation of which is the foundation of the action. This allegation is generally sufficient when a request is not parcel of the contract. Indeed, in such cases it is unnecessary even to lay a general request; for the bringing of the suit is itself a sufficient request. 1 Saund. 33, n. 2; 2 id. 118, note 3; Plowd. 128; 1 Wils. 33; 2 H. Blackst. 131; 1 Johns. N. Y. Cas. 99, 319; 7 Johns. N. Y. 462; 18 id. 485; 3 Maule & S. 150. See DEMAND. LICITACION. In Spanish Law. The sale made at public auction by co-proprietors, or co-heirs, of their joint property which is not susceptible of being advantageously divided in kind. LIDFORD LAW. See LYNCH LAW. LIEGE (from liga, a bond, or litis, a man wholly at command of his lord. Blount). In Feudal Law. Bound by a feudal tenure; bound in allegiance to the lord paramount, who owned no superior. The term was applied to the lord, or liege lord, to whom allegiance was due, since he was bound to protection and a just government, and also to the feudatory, liegeman, or subject bound to allegiance, for he was bound to tribute and due subjection. jeets. Stat. 8 Hen. VI. c. 10; 14 Hen. VIII. c. 2. So lieges are the king's subSo in Scotland. Bell, Dict. But in ancient times private persons, as lords of manors, had their lieges. Jacob, Law Dict.; 1 Sharswood, Blackst. Comm. 34 & 35 Hen. VIII. 367. Liege, or ligius, was used in old records for full, power of perfect; e.g. ligia potestas, full and free power of disposal. Paroch. Antiq. 280. (Probably in this sense derived from legitima.) So in Scotland. See LIEGE POUSTIE. LIEGE POUSTIE (Legitima Potestas), In Scotch Law. That state of health which gives a person full power to dispose of, mortis causâ or otherwise, his heritable property. Bell, Dict. 2. A deed executed at time of such state of health, as opposed to a death-bed conveyance. Id. A person is said to be in such state of health (in liege poustie, or in legitima potestati) when he is in his ordinary health and capacity, and not a minor, nor cognosced Id omne licitum est, quod non est legibus prohibi- as an idiot or madman, nor under interdictum, quamobrem, quod, lege permittente, fit, poenam tion. 1 Bell, Comm. 85, 5th ed.; 6 Clark & merctur. Licere dicimus quod legibus, moribus, | F. Hou. L. 540. LICET (Lat.). It is lawful; not forbidden by law. LIEN. A hold or claim which one person has upon the property of another as a security for some debt or charge. perty of another on account of a general 494. 2. Of course, where a general lien exists, a particular lien is included. by express agreement. In every case in which property, either real or Common Law Lien.......... Which exist by law........ By usage...................... By express agreement....... .2-11 .2, 3 .3, 4 5 Bailments of various kinds....6-8 Collision...... Ship's husband..... Statutory Liens........... .9, 10 Liens which exist by the common laı, generally arise in cases of bailment. Thus, a particular lien exists whenever goods are delivered to a tradesman for the execution of the purposes of his trade upon them. 1 Atk. Ch. 228; 2 Rolle, Abr. 92; 3 Maule & S. 167; 14 Pick. Mass. 332; 7 Barb. N. Y. 113. And 80, where a person is, from the nature of his occupation, under a legal obligation to receive and be at trouble or expense about the personal property of another, in every such case he is entitled to a particular lien on it. Esp. 109; Ld. Raym. 867; 6 Term, 17; 3 Bos. & P. 42. 3. And sometimes a lien arises where there is strictly no bailment. Thus, where a ship or goods at sea come into possession of a party by finding, and he has been at some trouble or expense about them, he is entitled to retain the same until reimbursed his expenses. This applies only to the salvors of a ship and cargo preserved from peril at sea, 1 Ld. Raym. 393; 5 Burr. 2732; 8 East, 57; 16 Penn. St. 393, and, in the case of property on 21-32 shore, where a specific reward is offered for the restoration, 8 Gill, Md. 218; 3 Mete. Mass. 352, and does not apply, generally, it 25, 26 is said, to the preservation of things found upon land. 2 II. Blackst. 254; 2 W. Blackst. 1117. 10-12 .22 .23 .27 .28 .30 31 Liens which arise by usage are usually .33-42 general liens, and the usage is said by Whita.33-38 ker to be either the general usage of trade, Mechanic's Lien.....................................39-42 or the particular usage of the parties. Whita The Common Law Lien. As distinguished from the other classes, it consists in a mere right to retain possession until the debt or charge is paid. In the case of a factor an apparent exception exists, as he is allowed a lien on the proceeds of goods sold, as well as on the goods themselves. But this seems to result from the relation of the parties and the purposes of the bailment; to effectuate which, and at the same time give a security to the factor, the law considers the possession, or right to possession, of the proceeds, the same thing as the possession of the goods themselves. A particular lien is a right to retain the property of another on account of labor employed or money expended on that specific property. Whitaker, Liens, 9. A general lien is a right to retain the pro ker, Liens, 31. 4. The usage must be so general that the party delivering the goods may be presumed to have known it, and to have made the right of lien a part of the contract. 3 Bos. & P. 50. And it is said the lien must be for a general balance arising from transactions of a similar character between the parties, and that the debt must have accrued in the business of the party claiming the lien, Whitaker, Liens, 33; and see 1 Atk. Ch. 223; 1 W. Blackst. 651; and it seems that more decisive proof of general usage is required in those occupations in which the workmen are required to receive their employment when offered them, such as carriers. 6 Term, 14; 6 East, 519; 7 id. 224. But where a general lien has been once established, the courts |