MEMORANDUM (Lat. from memorare, to remember). Au informal instrument re cording 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, "Memc randum, that it is agreed ;" or it is headed with the words, Be it remembered tbat, etc. The term memorandum is also applied to the cause of an instrument.
In English Practice. The commence ment of a record in king's bench, now written in English, " Be it remembered," and which gives name to the whole clause.
It is only used in proceedings by bill, and not in proceedings by original, and was introduced to call attention to what was considered the bye-btisine:-s of the court. 2 Tidd, Pract. 775. Memorandum is applied, also, to other forms and documents in English practice : e.g. memoranduin in error, a document alleging error in fact and accompanied by an affidavit of such matter of fact. 15 & 16 Viet. c. 76, 158. Also, a memorandum qf appear ance, etc., in the general sense of an informal in strument, recording some fact or agreement.
A writing required by the Statute of Frauds. Vide "Note or memorandum." In Insurance. A clause in a policy limit ing tbe liability of the insurer.
2. Policies of insurance on risks of trans. portation by water generally contain excep. tions of all liability from loss on certain articles other than total, or for contributionff for general average ; and for liability for particular average on certain other articles supposed to be perishable or specially liable to damage, under specified rates on each, varying from three per cent. to twenty, and
for any loss whatever under three or five per cent. Some seventy or eighty articles are subject to these exceptions of particular average in the divers forms of policy in use in different places. I Phillips, Ins. 4 54, n. These exceptions were formerly intro duced under a " memorandum," or " N. B.," and hence have been called " memorandum articles," and the body of exceptions the " memorandum." The list of articles and rates of exceptions vary mnch in different places, and from time to time at the same place. 19 N. Y. 272.
3. The construction of these exceptions haa been a pregnant subject in jurisprudence. 2 Phillips, Ins. c. xviii.; Marshall, Ins. 240 ; I Stark. 436 ; 3 Campb. 429 ; Park, Ins. 177; 4 Maule & S. 503 ; 5 id. 47 ; 1 Ball & B. Ch. Ir. 358 ; 3 Barnew. & Ad. 20 ; 5 id. 225 ; 4 Barnew. & C. 736 ; 7 id. 219 ; 8 Bingh. 458 ; 16 Eng. L. & Eq. 461 ; 1 Bingh. e. 526 ; 2 id. 383 ; 3 id. 266 ; 3 Pick. Mass. 46 ; 3 Penn. St. 1550 ; 4 Term, 783 ; 7 id. 210 ; 5 Bos. & P. 213 ; 7 Johns. N. Y. 385 ; 2 Johns. Cas. N. Y. 246 ; 7 Cow. N. Y. 202; 5 M.srt. La. N. s. 289 ; 2 Sumn. C. C. 366 ; 3 id. 221 ; 16 Me. 207 ; 31 id. 455 ; 1 Wheat. 219 ; 6 Mass. 465 ; 15 East, 559 ; 9 Gill & J. Md. 337 ; 7 Cranch, 415 ; 8 id. 84 ; 1 Stor. C. C. 463 ; Stevens, Av. p. 214 ; Benecke, Av. by Phill. 402 ; 3 Conn. 357 ; 19 N. Y. 272.