Blacks Law Dict. 1st ed

766

MEMBRUM

MEMORY

MEMBRUM. A slip or small piece of land. MEMOIRE. In French law. A docu ment in the form of a petition, by which ap peals to the court of cassation are initiated. MEMORANDUM. Lat. To be remem bered ; be it remembered. A formal word with which the body of a record in the court of king's bench anciently commenced. Townsh. PI. 486; 2 Tidd, Pr. 719. The whole clause is now, in practice, termed, from this initial word, the "memorandum," and its use is supposed to have originated from the cir cumstance that proceedings "by bill" (in which alone it has been employed) were for merly considered as the by-business of the court. Gilb. Com. PL 47, 48. Also an informal note or instrument em bodying something that the parties desire to fix in memory by the aid of written evidence, or that is to serve as the basis of a future formal contract or deed. This word is used in the statute of frauds as the designation of the written agreement, or note or evidence thereof, which must ex ist in order to bind the parties in the cases provided. The memorandum must be such as to disclose the parties, the nature and sub stance of the contract, the consideration and promise, and be signed by the party to be bound or his authorized agent. See 2 Kent, Comm. 510. MEMORANDUM ARTICLES. In the law of marine insurance, this phrase desig nates the articles of merchandise which are usually mentioned in the memorandum clause, (q. v.,) and for which the underwrit er's liability is thereby limited. MEMORANDUM CHECK. A check given by a borrower to a lender, for the amount of a short loan, with the understand ing that it is not to be presented at the bank, but will be redeemed by the maker himself when the loan falls due. This understand ing is evidenced by writing the word " Mem." on the check. This is not unusual among merchants. MEMORANDUM CLAUSE. In a pol icy of marine insurance the memorandum clause is a clause inserted to prevent the un derwriters from being liable for injury to goods of a peculiarly perishable nature, and for minor damages. It begins as follows: "1ST. B. Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded,"—meaning

that the underwriters are not to be liable for damage to these articles caused by sea-water or the like. Maude & P. Shipp. 371; Sweet. MEMORANDUM IN ERROR. Adoc ument alleging error in fact, accompanied by an affidavit of such matter of fact. MEMORANDUM OF ALTERA TION. Formerly, in England, where a pat ent was granted for two inventions, one of which was not new or not useful, the whole patent was bad, and the same rule applied when a material part of a patent for a single invention had either of those defects. To remedy this the statute 5 & 6 Win. IV. c. 83, empowers a patentee (with the fiat of the at torney general) to enter a disclaimer (q. e.) or a memorandum of an alteration in the title or specification of the patent, not being of such a nature as to extend the exclusive right granted by the patent, and thereupon the memorandum is deemed to be part of the letters patent or the specification. Sweet. MEMORANDUM OF ASSOCIA TION. A document to be subscribed by seven or more persons associated fora lawful purpose, by subscribing which, and other wise complying with the requisitions of the companies' acts in respect of registration, they may form themselves into an incorpo rated company, with or without limited lia bility. 3 Steph. Comm. 20. MEMORIAL. A document presented to a legislative body, or to the executive, by one or more individuals, containing a petition or a representation of facts. In English law. That which contains the particulars of a deed, etc., and is the in strument registered, as in the case of an an nuity which must be registered. Wharton. MEMORITER. Lat. From memory; by or from recollection. Thus, memoriter proof of a written instrument is such as is furnished by the recollection of a witness who had seen and known it. MEMORIZATION. Committing any thing to memory. Used to describe the act of one who listens to a public representation of a play or drama, and then, from his recol lection of its scenes, incidents, or language, reproduces it, substantially or in part, in der ogation of the rights of the author. See & Term R. 245; 14 Amer. Law Reg. (N. 8.) 207. MEMORY. Mental capacity; the mental power to review and recognize the successive

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