Page:Black's Law Dictionary (Second Edition).djvu/808

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MUSSA

MUSSA. In old English law. A moss or marsh ground, or a place where sedges grow; a place o\erru.n with moss. Cowell.

MUSTER. To assemble together troops and their arms, whether for inspection, drill, or service in the field To take recruits into the servico in the army and inscribe their names on the muster-roll or officiiil

record. See Tyler v. Pomeroy, 8 Allen (\[.iss.) 498. —Mnstex--master. One who superintended

the Luuster to prevent frauds. St. .55 Eliz. c, 4 —Mustex--book. A hook in which the forces are registered. Ternies de in .Ley.—1VIusterroll. In maritime law. A list or account of a ship's company. required to be kept by the master or other person having care of the ship, containing the name. age. national character, and quality of every person employed in the Sslhip. Abb. Shipp. 191, 192}: Jac. Sea Laws, 61.

MUSTIZO. A name given to the issne of an Indian and a negro. Miller v. Dawson, Dnd. (S. G.) 174.

MUTA-CANUM. A kennel of hounds; one of the moi tuaries to which the crown was entitled at a bishop's or iiiibot's decease. 2 Bl. (‘omm. 420.

Lat. In the Cod. 9, E.

MUTATIO NOMINIS. civil law. Change of name.

MUTATION. In Erench law. This term is synonymous with “change," and is especially applied to designnte the change which takes place in the property of a thing in its transmission from one person to an- other. Mutation, therefore, happens when the owner of the thing sells, exchanges, or gives it. Merl. Répert.

MUTATION OF LIBEL. In practice. An amendment allowed to a libel, by which there is an nlteration of the substance of the libel, as by propounding a new cause of action, or asking one thing instead of another. Duul. Adm Pr. 213.

MUTATIS MUTANDIS. Ijat. ‘Vith the necessary changes in points of detu.lL

MUTE. Speechless; dnmh; that cannot or will not spcnk. In English criminal law, ii prisoner is said to stand mute when, being arraigned for treason or felony, he either makes no answer at all, or answers foreign to the purpose or with such matter as is not allowalile, and will not a.ns\\ er otherwise, or, upon having pleaded not guilty, refuses to put himself upon the country. 4 Bl. Comm. 324.

MUTILATION. As applied to written documents. such as wills, court records, and the like, this term means rendering the doc- ument Imperfect by the subtraction from it of some essentiitl part, as, by cutting, tear-

800

MUTUS ET EUIIDUS

ing. burning, or erasure, but without totiil destroying it. See Woodfill v. Patton, Ind. 533, 40 Am. Rep. 269.

In criminal law. The depriving a mini of the use of any of those limbs which may be useful to him in fight, the loss of whiv..l.i amounts to mayhem. 1 Bl. Comm. 130.

MUTINOUS. Insuliordinate; disposed to nintiny; tending to incite or encourage inutiny. ‘

MUTINY. In criminal law. An Insul- rection of soldiers or seamen against the at thurity of their commanders; a sedition or revolt in the army or navy. See The sm- cey Clarke (D. C.) 5-1 Fed. 533; Mccarqn v. New Orleans Ins. Co., 10 Rob. (La.) 313, 43 Am. Dcc. 180.

—1lI_I_nti:ny set. _In English law. An sci nl piirnament annually passed to piiuish muliuy and dz-sertion. 1 Bl. Comm. 415.

MUTUAL. Interchangealiie: rcclprnral : each acting in return or correspondence to the other; given and received; spoken of an engagement or relation in which iilie dutim and ohiigations are exchanged.

“MiitIial" is not synonymous with "common" The iatter word. in one of its meanings, demo‘ that which is shared. in the same or diTurIfll degrees, by two or more persons; but the far» mer implies reciprocai action or interdependent connection.

As to niutnni "Accounts," “.-sssent,“ "Cum-

bat," "Conditions," “C0nt1'n(‘ts." “Care- nants," “Credit s," “Debts." "Insnr.'iiIce." "Insnrance Company," "Mistake." "Pruni-

ise," and "Testaments." see those titles.

MUTUALITY. Reciprocation: inter- change An acting by each of two parties; on acting in return.

In every agreement the parties must, as re- gards the principal or essential part of the trnnsiiction, intend the same thing; 5. e., each must know what the other is to do. This is called "mutuality of assent." Chit, Cont 13.

In a simple rontrnct arising from agreement. it is sometimes the essence of the triinsaruun that each party should be bound to do sumo.- thing under it. This requirement is called "nintualily." Sweet.

Mntuality of a contract means an obiigntion on each to do, or permit to be done. somrtliing in consideration of the act or promise of the other. Spcar v. Orendorf. % Md. 37.

MUTIIANT. The person who lends chattels in the contract of nmtuum, (q. 1:.)

MUTUAJRI. To borrow; muzuatus, aborroiving. 2 Arch. Pr. %.

MUTUASRY. A person who borrowspersonnl chattels to be consumed by him and returned to the lender in kind and quantity; the borrower in a contract of mutuum.

MUTUS ET SURDUS. Lat. In civil

and old English law. Dumb and deal.