MEMBER OF CONGRESS. A member of the senate or house of representatives of the United States.

2. During the session of congress they are privileged from arrest, except for treason, felony, or breach¹ of the peace; they receive a compensation of eight dollars per day while in session, besides mileage². (q. v.)

3. They are authorized³ to frank letters and receive them free of postage for sixty days before, during, and for sixty days after the session.

4. They are prohibited from entering into any contracts with the United States, directly or indirectly⁴, in whole or in part for themselves and others, under the penalty of three thousand dollars. Act of April 21, 1808, 2 Story's L. U. S. 1091. Vide Congress; Frank.

MEMBERS, English law. Places where a custom-house has been kept of old time, with officers or deputies in attendance; and they are lawful⁵ places of exportation or importation. 1 Chit. Com. L. 726.

MEMORANDUM⁶. Literally⁷, to be remembered. It is an informal instrument recording⁸ 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," &c. The term memorandum is also applied⁹ to the clause of an instrument.

MEMORANDUM, insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely, "N. B. Corn, fish, salt, fruit, flour and seed, are warranted free from average, unless general, or the ship be stranded¹⁰: sugar, tobacco, hemp¹¹, 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." Marsh¹². Ins.223; 5 N. S. 293; Id. 540; 4 N. S. 640; 2 L. R. 433; Id. 435.

MEMORANDUM OR NOTE. These words are use in the 4th section of the statute¹³ 29 Charles II., c. 3, commonly called the statute of frauds and perjuries¹⁴, which enact¹⁵, 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, tenements¹⁶, 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," &c.

2. Many cases have arisen out of the words of this part of the statute; the general rule seems to be that the contract must be stated with reasonable certainty in the memorandum or note so that it can be understood from the writing itself, without having recourse to parol proof. 3 John., R. 399; 2 Kent, Com. 402; Cruise, Dig. t. 32, c. 3, s. 18. See 1 N. R. 252; 3 Taunt¹⁷. 169; 15 East, 103; 2 M. & R. 222; 8 M. & W. 834 6 M. & W. 109.