Page:Black's Law Dictionary (Second Edition).djvu/779

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MEMBRUM

Drona" is used. in citations to them, in the same way as “page” or "foiio,” to distin- guish the particular skin referred to.

MEMBRUM. A slip or small piece of innd.

Mfimotnn. In French law. A docu- ment in the [mm of a petition, by which appeals to the court of cassation are initiated.

MEMORANDUM. Lat. To be remembered; be it remembered. A formal word with which the body of a record in the court of kings bench anclently commenced. Townsh. Pl. -mu; 2 'l.‘iiid, Dr. 719. The uboie clause is now, in practice, ttimed, from this initial word, the "inemoi-andum," and its use is slipposed to have originated from the circum- stance that proceeihngs "by bili" (in which alone it has been employed) were formerly considered as the hy-business of the court. (il.ll». C0111. I'i. 47, 48.

Also an inioi-nial note or instiument embodying something that the parties desire to in in memory by the aid oi: 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 pruvidsd. The memorandum must be such as to disciose 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 authoiized agent. See 2 Kent, Comm. 510.

—l\denio_ra.ndnm articles. In the law of marine insurance, this phrase designates the I1|'lll.l9S of merchandise Which are usually mentioned _in the memorandum ciause, (a. v.,) and for which the uudeiwriter's liability is there- hy limited. See \i"aln v. Thompson. 9 Serg. & It. |l’a.) 120, 11 Am. Dec. l7T5.—Memnrandam check. See CiincK.—lVIemnx-andnm clause. in st olicy of marine insurance the memorandum cause is a clause inserted to prevent the underwriters from being liable for iniury to goods of a peculiarly pcrishalile nature, and r minor damages. It begins as follows: “N. B. Corn, fish. salt, fruit, hour, and seed are warranted free from average, un- less general, or the ship he strauded,"—meiin— ing that the underwriters are not to be liable for damage to these articles caused by sea- water or the like. Maude & P. Shipp. 371 Siveet.—Memornndum in error. A docu- ment alleging error in fact, :.i('('Oi.upi’llilHl by an ailidavlt of such matter of ct—Memorandum of alteration. Formerly. in England, where a patent was granted for two inventions. one nf 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 llJ\El.]ti0D had either of those defects. To remcrly this the statute 5 & 6 Wm. 1V. c. 83. empmxers a pntentee (with the hat of the rittomcy general) to enter a disclaimer (11 v.) or a meiuor-iurlum of an altciallon in the title or specification of the patent, not being of such a nature as to extend the exclusive right gianted by the patent, and thcrcupon the memorandam is ties-me-Ii in be part of tlnv letters patent or the specilication. Sweet.--lvlemox-andnm of association. A document to be subscrib-

771

M EMORY

ed by seven or more persons associated for 1 lawful purpose, by subscribing which, otherwise wmplying with the requisitions of the companies’ acts in respect of remstration, they may form themselves into an incorporated company, with or without limited liability. 3 Steph. Comm. 20.—Memnrandum sale. See SALE.

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 con tains the particulars of a deed, etc., and is the instinment registered, as in the case of an annuity which must be registered. Wharton.

In practice. A short note, abstract, mem- oranduin, or rough draft of the orders of the court, from which the records thereof may at any time be fully made up. State v. Shaw, T3 Vt. 149, 50 Atl.

MEMORITER. Lat. From memoiy; by or from recollection. Thus, mcmoritcr proof of a written instrument is such as is furnished by the recollection of a witness who had seen and known it

MEMORIZATION. Committing anything to memory. Used to describe the act of one who listens to a public representation of a play or drama, and then, from his recollection of its scenes, incidents, or language, reproduces it, substantially or in part, in der- ogation of the rights of the author. see 5 Term R. 2-15; 14 Amer. Law Reg. (N. S.) 207.

MEMORY. Mental capacity; the mental power to review and recognize the successive states of consciousness in their consecutive order. This word, as used in jurisprudence to denote one of the psychological elements necessary in the making of a valid will or contract or the commission of a crbne, bn- plies the mental power to conduct a consecutive trnin of thought, or an orderly planning of alfairs, by recalling correctly the past states of the mind and past ex ents, and arranging them in their due order of sequence and in their logical relations with the events and mental states of the present.

The phrase “sound and disposing mind and memory" means not merely distinct recollection of the items of onc's property and the persons among whom it may be given, but entire pow- er of mind to dispose of property by will Ab-

Also the reputation and name. good or bad, which a man leaves at his death.

—Lega1 memory. An ancient usage, custom, supposed grant (as a foundation for prescription) and the like, are said to be lmmemorlai when they are really or fictitiou-:ly of such on ancient date that “the memory of man runneth not to the contrary," or, in other words. “beyond legal memory." And legal memory or “time out of mind," according to the rule of the common law, commenced from the reign of Richard 1.. A. D. 1189. But under the

statute of limitation of 32 Hen. V-III. this