Legal Term Dictionary

In Saxon law. The recompense due and given to him who made discovery of any breach of penal laws committed by another person, called the "promoter's [i. c?., informer's] fee." Wharton.

In Saxon law. The recompense due and given to him who made discovery of any breach of penal laws committed by another person, called the "promoter's [i. c?., informer's] fee." Wharton. Less...

Lat. Better; the better. Melior res, the better (best) thing or chattel. Bract fol. 60. Melior est conditio defendentis. The condition of the party in possession is the better one, ?. e., where the right of the parties is equal. Broom, Max. 715, 719. Melior est conditio possidentis, et rei More...

Lat. Better; the better. Melior res, the better (best) thing or chattel. Bract fol. 60. Melior est conditio defendentis. The condition of the party in possession is the better one, ?. e., where the right of the parties is equal. Broom, Max. 715, 719. Melior est conditio possidentis, et rei qnam aotoris. The condition of the possessor is the better, and the condition of the defendant is better than that of the plaintiff. 4 Inst. 180; Broom, Max. 714, 719. Melior est conditio possidentis nbi aenter jns habet. Jenk. Cent. 118. The condition of the possessor is the better where neither of the two has a right Melior est jnstitia vere prarveniens qnam severe pnniens. That justice which absolutely prevents [a crime] is better than that which severely punishes it 8 Inst Epil. Less...

In Scotch law. Improvements of an estate, other than mere repairs; betterments. 1 Bell, Comm. 73. Occasionally used in English and American law in the sense of valuable and lasting improvements or betterments. See Green v. Biddle, 8 Wheat 84, 5 L. Ed. 547. Mellorem conditionem eoelesia) gnat facere potest More...

In Scotch law. Improvements of an estate, other than mere repairs; betterments. 1 Bell, Comm. 73. Occasionally used in English and American law in the sense of valuable and lasting improvements or betterments. See Green v. Biddle, 8 Wheat 84, 5 L. Ed. 547. Mellorem conditionem eoelesia) gnat facere potest prsslatns, deteriorem as* qnaqnam. Co. Litt 101. A bishop can make the condition of bis own church better, but by no means worse. Mellorem conditionem snam facere potest minor, deteriorem neqnaqnam. Co. Litt 837. A minor can make his own condition better, but by no means worse. Melius est in tempore ocenrrere, qnam post cansam vnlneratnm remedinm qnserere. 2 Inst 299. It is better to meet a thing in time than after an injury inflicted to seek a remedy. Melins est jns denciens qnam jns ln-certnm. Law that is deficient is better than law that is uncertain. Lofft 395. Melins est omnia mala pati qnam malo oonsentire. 8 Inst 23. It is better to suffer every ill than to consent to ill. Melins est petere fontes qnam soetari rlvnlos. It is better to go to the fountain head than to follow little streamlets. Melins est roenrrere qnam male onr-rore. It is better to run back than to run badly; it is better to retrace one's steps than to proceed improperly. 4 Inst 176. Less...

To be better inquired into. In old English law. The na^ine of a writ commanding a further inquiry respecting a matter; as, after an imperfect inquisition in proceedings in outlawry, to have a new inquest as to the value of lands.

To be better inquired into. In old English law. The na^ine of a writ commanding a further inquiry respecting a matter; as, after an imperfect inquisition in proceedings in outlawry, to have a new inquest as to the value of lands. Less...

One of the persons constituting a partnership, association, corporation, guild, etc. One of the persons constituting a court a legislative assembly, etc. One of the limbs or portions of the body capable of being used in lighting in self-defense. -Member of congress. A member of the senate or house of More...

One of the persons constituting a partnership, association, corporation, guild, etc. One of the persons constituting a court a legislative assembly, etc. One of the limbs or portions of the body capable of being used in lighting in self-defense. -Member of congress. A member of the senate or house of representatives of the United States. In popular usage, particularly the latter.-Member of parliament. One having the right to sit in either house of the British parliament. Less...

In English law. Places where a custom-house has been kept of old time, with officers or deputies in attendance; and they are lawful places of exportation or importation. 1 Chit Com. Law, 726.

In English law. Places where a custom-house has been kept of old time, with officers or deputies in attendance; and they are lawful places of exportation or importation. 1 Chit Com. Law, 726. Less...

Lat. In tbe civil law. Parchment Dig. 32, 52. In old English law. A skin of parchment The ancient rolls usually constat of several of these skins, and the word "mem- orana" is used, in citations to them, in the same way as "page" or "folio," to distinguish the particular More...

Lat. In tbe civil law. Parchment Dig. 32, 52. In old English law. A skin of parchment The ancient rolls usually constat of several of these skins, and the word "mem- orana" is used, in citations to them, in the same way as "page" or "folio," to distinguish the particular skin referred to. Less...

A slip or small piece of land.

A slip or small piece of land. Less...

In French law. A document in the form of a petition, by which appeals to the court of cassation are initiated.

In French law. A document in the form of a petition, by which appeals to the court of cassation are initiated. Less...

Lat To be remembered ; 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 More...

Lat To be remembered ; 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 circumstance that proceedings "by bill" (In which alone it has been employed) were formerly considered as the by-business of the court Gilb. Com. PL 47, 48. Also an informal note or instrument embodying something that the parties desire to iix 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 exist in order to bind the parties in the cases provided. The memorandum must be such as to disclose the parties, the nature and substance 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 tbe law of marine insurance, this phrase designates the articles of merchandise which are usually mentioned in the memorandum clause, (g. *.,) and for which the underwriter's liability is thereby limited. See Wain v. Thompson, 9 Serg. A H (Pa.) 120, 11 Am. Dec. 675.-Memorandum check. See CHECK.-Memorandum clause. In a policy of marine insurance the memorandum clause is a clause inserted to prevent the underwriters from being liable for injury to goods of a peculiarly perishable nature, and for minor damages. It begins as follows: "N. 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. A document alleging error in fact, accompanied by an affidavit of such matter of fact-Memorandum of alteration. Formerly, in England, where a patent was granted for two inventions, one of which was not new or not useful, the whole patent was bad, and tbe 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 A 6 Wm. IV. c; 83, empowers a patentee (with the fiat of the attorney general) to enter a disclaimer (q. v.) 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 association. A document to be subscribed by seven or more persons associated for a lawful purpose, by subscribing which, and otherwise complying with the requisitions of the companies' acts in respect of registration, they may form themselves into an incorporated company, with or without limited liability. 3 Steph. Comm. 20.-Memorandum sale. See SALE. Less...