121995 JUL 29 1942 Copyright 1922 by THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY E. R. ANDREWS PRINTING COMPANY, Rochester, N. Y. 10. § 11. $ 12. license coupled with interest. licenses upon consideration. effect of executing license or incurring expense. § 13. What operates as revocation. $ 14. $ 15. death of licensor or conveyance of land. II. From public; of right to do business. a. In general. § 16. Generally. § 17. Nature of tax or fee. $ 18. as a contract. as a revenue tax. Powers as to, generally. of state. of municipality. 23. Right to impose revenue tax in form of license fee. $ 25. Partial invalidity. 26. Uncertainty and indefiniteness. 27. Uniformity; equality; discrimination; double taxation. § 28. Eligibility for license. § 29. Discretion of licensing officers. 6237 6238 II. a-continued. § 30. Conditions imposed. § 31. bond or other security. $32. Failure or inability to procure; liability; penalties. liability of agent. $33. § 92. 93. Peddlers; transient dealers; itinerant venders. $94. Secondhand or junk dealers. $95. Telephones. $96. Trading stamps. $97. Vehicles. § 1. Generally. As defense to action, see ACTION OR SUTT, § 32 c. To commit assault, see ASSAULT AND BATTERY, 11 c. As to right of camp meeting association to impose tax upon one taking orders for provisions from cottages on grounds,¦ see ASSOCIATIONS. § 2 g. Ejection of licensee from train, see CARRIERS, § 151 h. By cotenant to take ore, see COTENANCY, § 15 c. Reservation of right to cut timber as license, see DEFES, $ 87 c. Ejectment to enforce, see JUDGMENT, §§ 13, 14. Theater ticket as, see ELECTION OF REMEDIES, § 16 j. Estoppel by, see ESTOPPEL, § 73. To exercise franchise of railroad company; estoppel as to, see ESTOPPEL, § 75 1. As to fixtures, see FIXTURES, $§ 5 o. 29 b. Fixtures as between licensor and licensee, see FIXTURES, § 33. Grant of exclu-ive right to hunt, see GAME AND GAME LAWS, $ 2. To transfer property of ward, necessity of, see GUARDIAN AND WARD. § 14 c. In homestead property, see HOMESTEAD, § 35 d. To enter hotel, see INNKEEPERS, § 22 b. Conclusiveness as to licensor of judgment in action against licensee, see JUDGMENT, § 191. Question whether person is a tenant or a licensee, see LANDLORD AND TENANT, § 2. As distinguished from lease, see LANDLORD AND TENANT. § 16. Negligence as to licensee, see LANDLORD AND TENANT, §§ 155-157; NEGLIGENCE, I. e; RAILROADS, $$ 95-122; TELEGRAPHIS, § 4 а. License or lease to use stall in market, see- Licensee distinguished from servant, see Replevin by licensee, see REPLEVIN, § 11 f. To use trademark or tradename, sec TRADE- Trespass against licensee, see TRESPASS, SS I. From private persons. a. In general. To use stream for floating logs, see WATERS, | § 6. License or easemesnt. § 34 e. Estoppel to assert that right of way is Prescriptive rights of licensee as to water, easement instead of license, see ESTOP see WATERS, §§ 38 e, 220. See also WORDS AND PHRASES, 1261, 20532059, 2318, 2863, 2987. a. Mere use under a naked license, how ever long continued, cannot ripen into a prescriptive right. Atchison, T. & S. F. R. Co. v. Conlon, 53 L.R.A. 781, 62 Kan. 416, | 63 Pac. 432. b. A license, though revocable, is as good against a third party as though not revocaLle, until it is revoked. Barre R. Co. v. Montpelier & W. River R. Co. 4 L.R.A. 785, 61 Vt. 1, 17 Atl. 923. c. A licensee must take the property as he finds it. Sterger v. Van Siclen, 16 L.R.A. 640, 132 N. Y. 499, 30 N. E. 987. PEL, $ 71 i. See also EASEMENTS, § 21 g. a. A license is a personal privilege to do certain acts upon the lands of another, but creates no estate therein. is revocable at will, and may rest in parol; while an easement is an estate in real property, and its grant falls within the statute of frauds. Howes v. Barmon, 69 L.R.A. 568, 11 Idaho, 64, 81 Pac. 48. b. Unless the evidence be clearly to the contrary, a court will presume that a parol agreement to impress real property with a servitude was made with a knowledge of the provisions of the statute of frauds, and was therefore intended as a license only, and not d. A license or consent cannot be extended as an easement. Howes v. Barmon, 69 by inference as a consent to enter proper-L.R.A. 568, 11 Idaho, 64, 81 Pac. 48. ty not spoken of or referred to in the conversation in which the license was given. Omaha & G. Smelting & Ref. Co. v. Tabor, 5 L.R.A. 236, 13 Colo. 41, 21 Pac. 925. § 2. Requisites and validity. By parol, under statute of frauds, see Cox- those to whom such permission is given will TRACTS, § 143. a. Licenses which in their nature amount to the granting of an estate in land, for ever so short a time, are not good without deed. Shipley v. Fink, 2 L.R.A.(N.S.) 1002. 102 Md. 319, 62 Atl. 360. § 3. Assignability. a. A license is founded on personal confidence and is not assignable. Curtis v. La Grande Hydraulic Water Co. 10 L.R.A. 484, 20 Or. 34, 23 Pac. 808, 25 Pac. 378. § 4. Effect of, to create interest in Creation of easement by parol license, see To revive lease, see LANDLORD AND TENANT, $ 149 b. a. A license is an authority given to do some one act or series of acts on the land of another without passing any estate in the land. Hicks Bros. v. Swift Creek Mill Co. 57 L.R.A. 720, 133 Ala. 411, 31 So. 947; 1002, Shipley v. Fink, 2 L.R.A. (N.S. ) Md. 62 Atl. 360. b. A license creates no interest in land. Curtis v. La Grande Hydraulic Water Co. 10 L.R.A. 484, 20 Or. 34, 23 Pac. 808, 25 Pac. 378. e. A merely temporary transient occupation by a licensee or a visitor does not invest him with a legal interest in the land. Elliott v. Mason, 37 L.R.A. (N.S.) 357, 76 N. H. 229, 81 Atl. 701. § 5. Running with the land. a. A license to the owner of neighboring property to turn surface water onto land of the licensor does not run with the land. Jones v. Stover, 6 L.R.A. (N.S.) 154. 131 Iowa, 119, 108 N. W. 112. c. A license, revocable by the licensor, and not an easement, is created by oral permission to use a stairway on the outside of a building to reach the second story of an adjoining building, in consideration that allow the owner of the stairway to erect a porch at the back end of his building, on a strip of vacant land owned by the other parties. Howes v. Barmon, 69 L.R.A. 568. 11 Idaho, 64, 81 Pac. 48. easement, d. A parol agreement by several adjoining landowners to erect and maintain telephone poles on their respective lands, and to contribute equally to the expense of stringing wires thereon, and of operating a telephone line, does not create an but is merely a parol license, and is reVocable by any one of such owners, although, in reliance thereon, the poles have been erected and the line constructed. Yeager v. Tuning, 19 L.R.A. (N.S.) 700, 79 Ohio St. 121, 86 N. E. 657. (Annotated) e. The execution by an abutting owner, who also owns the fee of the street, to a corporation operating an elevated railroad therein, of an instrument consenting to the maintenance and operation of the railroad, and releasing it on behalf of the grantor, his successors and assigns, from all demands for compensation for the maintenance and operation of the road, is a grant of an easement in the street, and not a mere license. Smyth v. Brooklyn Union Elev. R. Co. 23 L.R.A. (N.S.) 433, 193 N. Y. 335, 85 N. E. 1100. f. The privilege to discharge water from ore washers into a stream, given without words of grant by a lower proprietor to an iron company, as long as it "may wish to run or have run" said washers, with an agreement to accept a certain sum as the full amount of damages by such waters.is a license, not an easement, and does not extend to the grantees of such iron company. Nunnelly v. Southern Iron Co. 28 L.R.Á. 421, 94 Tenn. 397, 29 S. W. 361. |