3.  Where A and B have obtained a licence to import, as for themselves, or their agents, or the bearers of their bill of lading, the only persons entitled to act under that licence, are A and B, as importers, or their agents, or persons holding their bills of lading, and claiming under bills of lading, which A and B, after having conducted the importation from the enemy on their own account, have transferred to them.[120]

4.  Under a licence to import, the British merchant must not also be the exporter.  He is not permitted under such a licence to go to the enemy’s country, and there act as an enemy’s merchant, carrying on the export trade of that country.[121]

5.  Sometimes, in describing the property in licences, the privilege is extended to all property of a certain class, “to whomsoever the property may appear to belong.”  In such cases no enquiry is ever made as to the proprietary interest in the property; but if the words are not introduced into the licence, it does not protect enemy’s property.[122]

[Sidenote:  The Voyage.]

In the Voyage, also, the merchant must follow the licence.  It is vitiated by changing the place of shipment.  Thus, where a licence was to bring away a cargo from Bordeaux, and the party thought proper to change the licence, and accommodate it to another port in France, it was held by the English Admiralty that the licence was vitiated, and the vessel and cargo were condemned.[123]

Enemies trading to the ports of this country must strictly comply with the conditions under which that permission is granted.  No voluntary deviation from the course pointed out can on any account be tolerated; except under the pressure of irresistible necessity.  The character of enemy revives, when such a trader so deviates from his appointed course, even if there is no mala fides, and he runs all the perils of an enemy on an English coast.[124]

It is a violation of a licence to touch at an intermediate port under a licence for a direct voyage to this country, the presumption being that at the intermediate port the vessel might receive another destination, or might actually deliver her cargo in that port.[125]

[Sidenote:  Time.]

Of course when the period for which a licence has been granted has expired, it no longer has any operation; yet in cases in which parties have used due diligence, but have been prevented by accident from carrying their intentions into effect within the time, it has been holden that, though their licences have expired, they are entitled to protection.[126]

A licence cannot be ante dated, and if granted subsequent to capture it is no protection against condemnation.  It is in its very nature prospective, pointing to something which has not yet been done, and cannot be done at all without such permission.  Where the act has already been done, and requires to be upheld, it must be by an express confirmation of the act itself, as by an indemnity granted to the party; but a licence necessarily looks to that which remains to be done, and can extend its influence only to future operations.[127]