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Memorandum
Memorandum1) Literally, to be remembered. It is an informal instrument recording some fact or agreement, so called from its beginning, when it was made in Latin. It is sometimes commenced with this word, though written in English; as "Memorandum, that it is agreed," or it is headed with the words, "Be it remembered that,". The term memorandum is also applied to the clause of an instrument. 2) Insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely,fish, salt, fruit, flour and seed, are warranted free from average, unless general, or the ship be stranded: sugar, tobacco, hemp, flax, hides and skins, are warranted free from average, under five percent; and all other goods, also the ship and freight, are warranted free from average, under three percent unless general, or the ship be stranded." RELATED TERMS-------------------------------------- Instrument Contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. Fact An action; a thing done. It is either simple or compound. Agreement A verbal or written resolution of disputes. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Word Construction. One or more syllables which when united convey an idea a single part of speech. Term 1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court. Memorandum 1) Literally, to be remembered. It is an informal instrument recording some fact or agreement, so called from its beginning, when it was made in Latin. It is sometimes commenced with this word, though written in English; as "Memorandum, that it is agreed," or it is headed with the words, "Be it remembered that,". The term memorandum is also applied to the clause of an instrument. 2) Insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely,fish, salt, fruit, flour and seed, are warranted free from average, unless general, or the ship be stranded: sugar, tobacco, hemp, flax, hides and skins, are warranted free from average, under five percent; and all other goods, also the ship and freight, are warranted free from average, under three percent unless general, or the ship be stranded." Clause Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will. Insurance Contracts. It is defined to be a contract of indemnity from loss or damage arising upon an uncertain event. Liability A person or organization's extent of responsibility for a loss. An item of value that is part of the overall debt or obligation of a person or business. Insurer Contracts. One who has obliged himself to insure the safety of another's property, in consideration of a premium paid, or secured to be paid, to him. Fruit Property. The produce of tree or plant containing the seed or used for food. Fruit is considered real estate, before it is separated from the plant or tree on which it grows; after its separation it acquires the character of personally, and may be the subject of larceny; it then has all the qualities of personal property. The term fruit, among the civilians, signifies not only the production of trees and other plants, but all sorts of revenue of whatever kind they may be. Free "1) Not bound to servitude; at liberty to act as one pleases. This word is put in opposition to slave. 2) Ships. By this is understood neutral vessels. Free ships are sometimes considered as making free goods. General 1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly. Ship This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel. Freight Maritim law, contracts. The sum agreed on for the hire of a ship, entirely or in part, for the carriage of goods from one port to another; note; but in, its more extensive sense it is applied to all rewards or compensation paid for the use of ships. SIMILAR TERMS-------------------------------------- Memorandum check It is not unusual among merchants, when one makes a tem- porary loan from another, to give the lender a check on a bank, with the express or implied agreement that it shall be redeemed by the maker himself, and that it shall not be presented at the bank for payment. If passed to a third person, it will be valid in his hands, like any other check. Memorandum of association The Memorandum of Association is the first constitutional document of a company containing fundamentals such as the name, the company's objects and powers, and its original share capital. In the past companies could avoid activities which fell outside their express powers as shown in the Memorandum. This rule no longer applies, at least for third parties dealing with the company. The Articles of Association contain the internal regulations and bye-laws covering procedure, shares, meetings, directors and other administrative issues. Memorandum or note These words are use in the 4th section of the statute 29 Charles II., c. 3, commonly called the statute of frauds and perjuries, which enact, that "no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall he brought, or some memorandum or note thereof, Shall be in writing," Memorial A petition or representation made by one or more individuals to a legislative or other body. When such instrument is addressed to a court, it is called a petition. Memorialized In writing. Memory Understanding; a capacity to make contracts, a will, or to commit a crime, so far as intention is necessary. Memory, time of According to the English common law, the time of memory commenced from the reign of Richard the First, PREVIOUS AND NEXT TERMS-------------------------------------- Meliorations Scotch law. Improvements of an estate, other than mere repairs; betterments. Melius inquirendum vel inquirendo English practice. A writ which in certain cases issues after an imperfect inquisition returned on a capias utlugatum in outlawry. This melius inquirendum commands the sheriff to summon another inquest in order that the value, &c., of lands, &c., may be better or more cor- rectly ascertained. Its use is rare. Member This word has various significations:1)The limits of the body use- ful in self-defence. Membrum est pars corporis habens destinatum operationem in corpore. 2) An individual who belongs to a firm, partnership, company or corporation. 3) One who belongs to a legislative body, or other branch of the government; as, a member of the house of representatives; a member of the court. Member of congress A member of the senate or house of representatives of the United States. Members 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. Memorandum Memorandum check It is not unusual among merchants, when one makes a tem- porary loan from another, to give the lender a check on a bank, with the express or implied agreement that it shall be redeemed by the maker himself, and that it shall not be presented at the bank for payment. If passed to a third person, it will be valid in his hands, like any other check. Memorandum of association The Memorandum of Association is the first constitutional document of a company containing fundamentals such as the name, the company's objects and powers, and its original share capital. In the past companies could avoid activities which fell outside their express powers as shown in the Memorandum. This rule no longer applies, at least for third parties dealing with the company. The Articles of Association contain the internal regulations and bye-laws covering procedure, shares, meetings, directors and other administrative issues. Memorandum or note These words are use in the 4th section of the statute 29 Charles II., c. 3, commonly called the statute of frauds and perjuries, which enact, that "no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall he brought, or some memorandum or note thereof, Shall be in writing," Memorial A petition or representation made by one or more individuals to a legislative or other body. When such instrument is addressed to a court, it is called a petition. Memorialized In writing. We thank you for using the Juridical Dictionary to search for Memorandum. If you have a better definition for Memorandum than the one presented here, please let us know by making use of the suggest a term option. This definition of Memorandum may be disputed by other professionals. Our attempt is to provide easy definitions on Memorandum and any other medical topic for the public at large.
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