Legal Term Dictionary

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...

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 instrument registered, as in the case of an annuity which must More...

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 instrument registered, as in the case of an annuity which must be registered. Wharton. In practice* A short note, abstract memorandum, 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, 73 Vt 149, 50 Ati. 863. Less...

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

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 Less...

Committing anything to memory. Used to describe the act of one who listens to a public representation ot a play or drama, and then, from his recollection of Its scenes, incidents, or language, reproduces it substantially or in part ia derogation of the rights of the author. See 5 Term More...

Committing anything to memory. Used to describe the act of one who listens to a public representation ot a play or drama, and then, from his recollection of Its scenes, incidents, or language, reproduces it substantially or in part ia derogation of the rights of the author. See 5 Term R. 245; 14 Amer. Law Reg. (N. S.) 207. Less...

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 crime, implies the mental More...

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 crime, implies the mental power to conduct a consecutive train of thought, or an orderly planning of affairs, by recalling correctly the past states of the mind and past events, and arranging them In their due order of sequence and In their logical relations with the events and mental states of the present Tbe phrase "sound and disposing mind and memorjr" means not merely distinct recollection of the items of one's property and the persons among whom it may be* given, but entire power of mind to dispose of property by will. Abbott. Also the reputation and name, good or bad, which a man leaves at his death. -Legal memory. An ancient usage, custom, supposed grant (as a foundation for prescription) and tbe like, are said to be immemorial when they are really or fictitiously of such an 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 tbe reign of Richard I., A. D. 1189. But under the statute of limitation of 32 Hen. VIII. this was reduced to 60 years, and again by that of 2 & 3 Wm. IV. c. 71. to 20 years. In the American states, by statute, the time of legal memory is generally fixed at a period corresponding to that prescribed for actions for the recovery of real property, usually about 20 years. See 2 Bl. Comm. 31; Miller v. Gar-lock, 8 Barb. (N. Y.) 153. Less...