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sidered as the principal matter, and the failure to Jones, Eq. No. C. 172, 256; 33 Penn. St. 158;
perforın at the appointed time a matter merely 1 R. I. 30; 3 Rich. So. C. 153; 10 Yerg.
requiring compensation by interest in the way of Tenn, 373; 11 Humphr. Tenn. 587; 3 Tex. I;
dainages for the delay. This right to redeem be- 14 id. 142"; 9 Vt. 279; 19 id. 9; 2 Call, Va.
cine known as the equity of redemption, and has
been limited by statute, a common period being 421 ; 2 Munf. Va. 40; 1 Wisc. 527 ; 4 Kent,
three years.

Courts of law have now adopted the Comm. 143; 1 Washburn, Real Prop. 483.
doctrines of equity with respect to redemption, and 3. The mortgagor has, technically speak-
in other respects to a considerable extent. See 1 | ing, in law a mere tenancy, subject to the
Washburn, Real Prop. 477.

right of the mortgagee to enter immediately An equitable mortgage is one in which the unless restrained by his agreement to the mortgagor does not actually convey the pro- contrary See 34 Me. 187; 9 Serg. & R. perty, but does some act by which he mani. Penn. 302; 1 Pick. Mass. 87; 19 Johns. N. fests his determination to bind the same as a

Y. 325 ; 2 Conn. 1; 4 Ired. No. C. 122 ; 5

Bingh. 421; 1 Washburn, Real Prop. 518.
A legal mortgage is a conveyance of


In equity, however, the mortgage is held a perty intended by the parties at the time of mere security for the debt, and only a chattel making it to be a security for the perform- interest; and until a decree of foreclosure the ance of some prescribed act. i Washburn, mortgagor is regarded as the real owner. 2 Real Prop. 479.

Jac. & W.Ch. 190; 4 Johns. N. Y.41; 11 id. 2. All kinds of property, real or personal, 534; 4 Cenn, 235; 9 Serg. & R. Penn. 302; which are capable of an absolute sale, may

5 Ilarr. & J. Md. 312; 3 Pick. Mass. 484. be the subject of a mortgage: rights in re

The mortgagee, at law, is the owner of the mainder and reversion, franchises, and choses ( land, subject, however, to a defeat of title by in action, may, therefore, be mortgaged. But performance of the condition, with a right a mere possibility or expectancy, as that of to enter at any time. See 21 N. H. 460; 9 an heir, cannot. 2 Story, Eq. Jur. & 1012; Conn. 216; 19 Me. 53; 2 Den. N. Y. 170. 4 Kent, Comm. 144; 1 Powell, Mortg. 17, 23; He is, however, accountable for the profits 3 Mer, Ch, 607.

before foreclosure. 31 Me. 104; 32 id. 97; As to the form, such a mortgage must be in Paige, Ch. N. Y. 1; 11 id. 436; 24 Conn. writing, when it is intended to convey the legal !; 1 Halst. Ch. N. J. 346; 2 id, 548; 2 Cal

title. 1 Penn. 240. It is either in one single 387; 6 Fla. 1; 1 Washburn, Real Prop. 577.
deed which contains the whole contract,-and The different states fluctuate somewhat be-
which is the usual form,—or it is two separate tween the rules of equity and those of law,
instruments, the one containing an absolute or, rather, have engrafted the equitable rules
conveyance and the other a defeasance, 2 upon the legal to an unequal extent. 31
Johns. Ch. N. Y. 189; 15 Johns. N. Y.555; 3 Pend. St. 295; 10 Ga, 65 ; 27 Barb. N. Y.
Wend. N. Y. 208; 7 id. 248; 2 Me. 152; 11 503 ; 3 Mich. 581; 3 Greene, Iowa, 87; 4
id. 346; 12 Mass. 456; 7 Piek. Mass. 157; 3 Iowa, 571; 4 M'Cord, So. C. 336 ; 9 Cal. 123,
Watts, Penn. 188; 6 id. 405; and generally, 365; 1 Washburn, Real Prop. 517 et seq.
whenever it is proved that a conveyance was

4. Assignment of mortgages must be made
made for purposes of security, equity regards in accordance with the equirements of the
and treats it as a mortgage, and attaches Statute of Frauds. 15 Mass. 233; 17 id. 419;
thereto its incidents. 9 Wheat. 489; 1 How. 6 Gray, Mass. 152; 32 Me. 197; 33 id. 196;
118; 12 id. 139; 2 Des. Eq. So. C.564; 1 Hard. 18 Penn, St. 394; 7 Blackf. Ind. 210; 5 Den.
Ky. 6; 2 Cow. N. Y. 246; 9 N. Y. 416; N. Y. 187; 3 Ohio St. 471; 27 N. 11. 300; 5
25 Vt. 273; 1 Md. Ch. Dec. 536; 3 id. 508; 1 Halst. Ch. N. J. 156; 21 Ala. N. s. 497; 1
Murph. No. C. 116; 10 Yerg. Tenn. 376; 3 Washburn, Real Prop. 520.
J.J. Marsh. Ky. 353 : 5 Ill. 156; 4 Ind. 101; Foreclosure may result from occupation by
2 Pick. Mass. 211; 20 Ohio, 164; 36 Me. 115; the mortgagee for twenty years, or a period
1 Cal. 203; 1 Wisc. 527 ; 9 Serg. & R. Penn. equal to the length of time necessary to bar
434. In law, the defeasance must be of as a writ of entry, 2 Metc. Mass. 26 ; by bill
high a nature as the conveyance to be de- for. strict foreclosure to obtain possession,
feated. 1 N. H. 39 ; 13 Pick. Mass. 411; 22 which is the common practice in England
id. 526 ; 43 Me. 206; 2 Johns. Ch. N. Y. 191; ! and in some of the United States, a time being
7 Watts, Penn. 361. The rule as to the ad generally allowed for redemption before the
mission of parol evidence to establish the decree is made absolute, see Williams, Real
character of a conveyance as a mortgage Prop: 356; 1 Washburn, Real Prop. 600, for
varies in the different states. See 26 Ala.

a full abstract of the laws of the various
N. s. 312; 29 id. 254; 7 Ark. 505; 18 id. 34; states; by bill to obtain a decree for sale; by
8 Cal. 424; 9 id. 538; 8 Conn. 186; 15 ml. entry and holding possession for a term of
519, 528; 4 Blackf. Ind. 67; 2 B. Monr. Ky. years fixed by law; and by a sale under a
72; 9 Dan. Ky. 109: 36 Me. 562; 43 id. 206; power of attorney for the purpose, inserted in
6 Harr. & J. Md. 138, 435; 3 Md. Ch. Dec. the original conveyance.

13 Pick. Mass. 411; 22 id. 526; 3 Consult Washburn, Williams, on Real Pro-
Mich. 645 ; 23 Miss, 375; 10 Mo. 483; 22 id. perty; Hilliard, Coote, on Mortgages; Story,
77; 11 N. H. 571; Saxt. Ch. N. J. 534; 10 Equity; Kent, Comm. Lect. I.-VIII.
Barb. N. Y. 582; 1 Johns. Ch. N. Y. 425, MORTGAGEE. He to whom a mort-
594 ; 5 Paige, Ch. N. Y. 9; 9 N. Y. 416; 2 gage is made. See MORTGAGE,

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MOTIVE MORTGAGOR. He who makes a mort- tute. 4 Clark & F. Hou. L. 323; 11 Bligh. gage. See MorTGAGE.

N. S. 62.

3. When the father dies without leaving a MORTIFICATION. In Scotch Law.

testamentary guardian at common law, the A term nearly synonymous with mortmain.

mother is entitled to be the guardian of the MORTMAIN. A term applied to denote person and estate of the infant until he arthe possession of lands or tenements by any rives at fourteen years, when he is able to corporation, sole or aggregate, ecclesiastical choose a guardian. Littleton, & 123; 3 Coke, or temporal. These purchases having been 38; Coke, Litt. 816; 2 Atk. Ch. 14; Comyns, chiefly made by religious houses, in conse- Dig. Feme (B, D, E); 7 Ves. Ch. 348.

See quence of which lands became perpetually 10 Mass. 135, 140: 2 id. 415; Harp. So. C. inherent in one dead hand, this has occasioned 9; 1 Root, Conn. 487; 22 Barb. N. Y. 178; the general appellation of mortmain to be 2 Dutch. N. J. 388; 2 Green, Ch. N. J. 221; applied to such alienations, 2 Blackstone, 3 Dev. & B. No. C. 325; 9 Ala. 197. The Comm. 268; Coke, Litt. 2 b; Erskine, Inst. right of the widowed mother to the earnings 2. 4. 10; Barrington, Stat. 27, 97. See Story, and services of her minor child does not apEq. Jur. %1137; Shelford, Mortm.

pear to have been precisely determined ; but MORTUARY. In Ecclesiastical Law.

it is by no means so absolute as that of the A burial-place. A kind of ecclesiastical father. 31 Me. 240 ; 15 N. H. 486; 4 Binn. heriot, being a customary gift of the second Penn. 487; 3 Hill, N. Y. 400; 14 Ala. 123 ; best living animal belonging to the deceased, 15 Mass. 272; 16 id. 28; Harp. So. C. 9. claimed by and due to the minister in many without leaving a testamentary guardian,

4. In Pennsylvania, when the father dies parishes, on the death of his parishioners, whether buried in the church-yard or not the orphans' court will appoint a guardian These mortuaries, like lay heriots, were ori- until the infant shall attain his fourteenth ginally voluntary bequests to the church in year. During the joint lives of the parents, lieu of tithes or ecclesiastical dues neglected the father has the only control and custooly in lifetime. See Soulscot. They were re

of the children, except when in special cases, duced to a certain amount by 21 llen. VIII. as when they are of tender years, or when 4.6. They were sometimes payable to the the habits of the father render him an urlord. Paroch. Antiq. 470. The mortuary suitable guardian, the mother is allowed to seems to have been carried to church with have possession of them. 6 Rich. Eq. So. C. the corpse, and was therefore sometimes 314; 1 P. Browne, Penn, 143 ; 3 Binn. Penn. called corpse-present. 2 Burn, Eccl. Law, 320: 2 Serg. & R. Penn. 174; 13 Johns. N. Y. 503. Anciently, a parishioner could not make 418; 2 Phill. 786; 2 Coll. 661. a valid will without an assignment of a suf

5. The mother of a bastard child, as natural ficient mortuary or gift to the church. 2 guardian, has a right to the custody and conSharewood, Blackst. Comm. 427.

trol of such child, even as against the putative

father, and is bound to maintain it, 2 Mass. MORTUUM VADIUM. A mortgage. 109; 12 id. 387, 433; 2 Johns. N. Y. 375; 15 MORTUUS (Lat.). Dead. Ainsworth, id. 208; 6 Serg. & R. Penn. 255; but after her Lex. So in sheriff's return mortuus est, he death the court will, in its discretion, deliver is dead. 0. Bridgm. 469; Brooke, Abr. such child to the father in opposition to the Retorne de Briefe, pl. 125; 19 Viner, Abr. claims of the maternal grandfather. 1 Ashm. Return, lib. 2, pl. 12

Penn. 55 ; Strange, 1162. See Bastard. MOTHER. A woman who has borne a

MOTHER-IN-LAW. The mother of child.

one's wife or of one's husband. 2. It is generally the duty of a mother to

MOTION. In Practice. An application support her child, when she is left a widow, to a court by one of the parties in a cause, or until he becomes of age or is

le to main his counsel, in order to obtain some rule or tain himself, 8 Watts, Penn. 366; 16 Mass. order of court which he thinks becomes ne135; 3 N. H, 29 ; 4 id. 95; and even after cessary in the progress of the cause, or to get he becomes of age, if he be chargeable to the relieved in a summary manner from some public, she may, perhaps in all the states, be matter which would work injustice. compelled, when she has sufficient means, to

When the motion is made on some matter support him. But when the child has pro- of fact, it must be supported by an affidavit perty sufficient for his support, she is not, that such facts are true; and for this purpose even during his minority, obliged to maintain the party's affidavit will be received, 'though him, 1 Brown, Ch. 387;' 2 Mass. 415; 4 id. it cannot be read on the hearing. '1 Binn. 97; but will be entitled to an allowance out Penn. 145; 2 Yeates, Penn. 546. See 3 of the income of his estate, and, if need be, Blackstone, Comm. 305 ; 2 Sellon, Pract. 356 ; out of the principal, for his maintenance. 2 15 Viner, Abr. 495; Graham, Pract. 542; Fla. 36; 2 Atk. Ch. 447; 5 Ves. Ch. 194; 7 Smith, Chanc. Praet. Index. id. 403 ; 3 Dutch. N. J. 388. During the MOTIVE. The inducement, cause, or life of the father she is not bound to support reason why a thing is done. her child, though she have property settled See Cause; ConsiderATION; MISTAKE; to her separate use and the father be desti- I Witness.

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MOURNING. The apparel worn

at Glanville, lib. 7, c. 1. If the said lands “should, funerals, and for a time afterwards, in order according to the queen's lawes, descend to the right to manifest grief for the death of some one,

heire, then in right it ought to descend to him, as

next heire being mulierlie borne, and the other not and to honor his memory.

so borne.” Holinshed, Chron. of Ireland, an. 1558. The expenses paid for such apparel. It has been held, in England, that a de

MULTIFARIOUSNESS. In Equity mand for mourning furnished to the widow Pleading: The demand in one bill of several and family of the testator is not a funeral ex

matters of a distinct and independent nature

Cooper, Eq. pense. 2 Carr. & P. 207. See 14 Ves. Ch, against several defendants. 346; 1 Ves, & B. Ch. Ir. 364. See 2 Bell, Plead. 182, 18 Ves. Ch. 80; 2 Mas. C. C. 2013 Comm. 156.

4 Cow. N. Y. 682; 2 Gray, Mass. 467. MOVABLES. Such subjects of property fendant several matters perfectly distinct and

The uniting in one bill against a single deas attend a man's person wherever he goes, unconnected. This latter is more properly in contradistinction to things immovable.

called misjoinder, which title see. 2. Things movable by their nature are

The subject admits of no general rules, but such as may be carried from one place to an

the courts seem to consider the circumstances other, whether they move themselves, as cattle, or cannot be removed without an extra- hand a multiplicity of suits, and on the other

of each case with reference to avoiding on one neous power

, as inanimate things.. So in the inconvenience and hardship to the defendants civil law mobilia; but this term did not pro- from being obliged to answer matters with perly include living movables, which were

which they have, in great part, no connectermed moventia. Calvinus, Lex. But these words, mobilia and moventia, are also used tion, and the complication and confusion of

evidence. 1 Mylne & C. Ch.618; 5 Sim, Chi synonymously, and in the general sense of 288 ; 3 Stor. C. C. 25; 2 Gray, Mass. 471; omovables.Ibid. Movables are further distinguished into such as are in possession, Story, Eq. Plead. 2. 274, 530." It is to be or which are in the power of the owner, as

taken advantage of by demurrer, 2 Anstr. a horse in actual use, a piece of furniture in 469, or by plea and answer previous to a a man's own house," or such as are in the hearing, Story, Eq. Plead. 530,'n., or by the

court of its own accord at any time. 1 Mylne possession of another, and can only be recovered by action, which are therefore said & K. 546; 3 How. 412; 5 id. 127. See, geneto be in action, as a debt. See PERSONAL rally, Story, Eq. Plead. 78 274-290, 530-540;

4 Bouvier, Inst. n. 4243. PropertY; Fonblanque, Eq. Index ; Powell, Mortg. Index; 2 Sharswood, Blackst. Comm. MULTIPLE POINDING. In Scotch 384; La. Civ. Code, art. 464-472; 1 Bouvier, Law. Double distress : a name given to an Inst. n. 462; 2 Stephen, Comm. 67; Shep- action which may be brought by a person in pard, Touchst. 447; 1 P. Will. Ch. 267. possession of goods claimed by different per

3. In a will, "movables” is used in its sons pretending a right thereto, calling the largest sense, but will not pass growing crop, claimants and all others to settle their claims, nor building materials on ground. 2 Williams, so that the party who sues may be liable only Exec. 1014; 3 A. K. Marsh. Ky. 123; 1 "in once and single payment.” Bell, Dict.; Yeates, Penn. 101; 2 Dall. Penn. 142. 2 Bell, Comm. 299; Stair, Inst. 3. 1. 39.

In Scotch Law. Every right which a MULTITUDE. The meaning of this word man can hold which is not heritable: opposed is not very certain. By some it is said that to heritage. Bell, Dict.

to make a multitude there must be ten perMULATTO. A person born of one white sons at least, while others contend that the and one black parent. 7 Mass. 88; 2 Bail. law has not fixed any number. Coke, Litt. So. C. 558.

257. MULCT. A fine imposed on the convic

MULTURE, In Scotch Law, The tion of an offence,

quantity of grain or meal payable to the proAn imposition laid on ships or goods by a prietor of the mill, or to the multurer, his company of trade for the maintenance of con- tacksman, for manufacturing the corns. suls and the like. It is obsolete in the latter Erskine, Inst. 2. 9. 19. sense, and but seldom used in the former.

MUNERA. The name given to grants MULIER. Of ancient time, mulier was made in the early feudal ages, which were taken for a wife, as it is commonly used for merely tenancies at will or during the pleaa woman, and sometimes for a widow; but it sure of the grantor. Dalrymple, Feud. 198, has been held that a virgin is included under 199; Wright, Ten. 19. the name mulier. Coke, Litt. 170, 243; 2 MUNICEPS (Lat. from munus, office, Blackstone, Comm. 248.

and capere, to take). In Roman Law. EliThe term is used always in contradistinction to a gible to office. bastard, mulier being always legitimate, Coke, Litt. 243, and seems to be a word corrupted from melior, other than Rome, who had come to Rome, and

A freeman born in a municipality or town or the French meilleur, signifying lawful issue born though a Roman citizen, yet was looked down in wedlock. But by Glanville, lawful issue are said to be mulier, not from melior, hut because begotten upon as a provincial, and not allowed to hold è muliere, and not ex concubinâ, for be calls such the higher offices (dignitates.) issue filios mulieratos, opposing them to bastards. The inhabitants of a municipality entitled

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Russell says,

to hold municipal offices. Voc, Jur. Utr. ; Owing to the difficulty or impossibility of Calvinus, Les.

emoving them, secondary evidence may be MUNICIPAL. Strictly, this word ap- given of inscriptions on walls, fixed tables, plies only to what belongs to a city.

gravestones, and the like. 2 Stark. 274. Among the Romans, cities were called municipia: MURDER. In Criminal Law. The these cities voluntarily joined the Roman republic wilful killing of any subject whatever, with in relation to their sovereignty only, retaining their malice aforethought, whether the person slain laws, their liberties, and their magistrates, who shall be an Englishman or a foreigner. Hawwere thence called municipal magistrates. With us

kins, Pl. Cr. b. 1, c. 13, s. 3. this word has a more extensive meaning: for example, we call municipal law not the law of a city the killing of any person under the king's only, but the law of the state. 1 Blackstone, Comm. peace, with malice prepense or aforethought, Municipal is used in contradistinction to interna- either express or implied by law. 1 Russell, tional: thus, we say, an offence against the law of Crimes, 121; 5 Cush. Mass. 304. When a nations is an international offence, but one com

person of sound mind and discretion unlawmitted against a particular state or separate com- fully killeth any reasonable creature in being, munity is a municipal offence.

and under the king's peace, with malice aforeMUNICIPAL CORPORATION. A thought, either express or implied. Coke, 31 public corporation, created by government Inst. 47. for political purposes, and having subordinate This latter definition, which has been adopted and local powers of legislation: e.g. a county, by Blackstone, 4 Comm. 195; Chitty, 2 Crim. Law, town, city, etc. 2 Kent, Comm. 275; Angell | 724, and others, has been severely criticized. What, & A. Corp. 9, 29; 1 Baldw. C. C. 222. An it has been asked, are sound memory and underincorporation of persons, inhabitants of a par

standing? What has soundness of memory to do ticular place, or connected with a particular with the aet?, be it ever so imperfect

, bow does it

affect the guilt? If discretion is necessary, can the district, enabling them to conduct its local crime ever be committed? for is it not the highest civil government. Glover, Mun. Corp. 1. indiscretion in a man to take the life of another, MUNICIPAL LAW. In contradistinc- and thereby expose his own? If the person killed

be an idiot or a new-born infant, is he a reasonable tion to international law, is the system of law creature? Who is in the king's peace? What is proper to any single nation or state. It is malice afterthought? Can there be any malice the rule or law by which a particular district, aforethought? Livingston, Pen. Law, 186. It is, community, or nation is governed. 1 Black- however, apparent that some of the criticisms are stone, Comm. 44.

merely verbal, and others are answered by the con

struction given in the various cases to the requireMunicipal law contrasts with international law,

ments of the definition. See, especially, 5 Cush. in that it is a system of law proper to a single nt

Mass. 304. tino, state, or community. See MUNICIPAL Law. In any one state the municipal law of another state is 2. According to Coke's definition, there foreign law. See Foreign Law. A conflict of must be, first, sound mind and memory in laws arises where a case arising in one state involves the agent. By this is understood there must foreigo persons or interests, and the foreign and be a will and legal discretion. Second, an the domestic law do not agree as to the proper rule actual killing; but it is not necessary that it to be applied. See Conflict of Laws.

should be caused by direct violence: it is sufThe various provinces of municipal law are ficient if the acts done apparently endanger characterized according to the subjects with life, and eventually prove fatal. Hawkins, which they respectively treat: as, criminal or Pl. Cr. b. 1, c. 31, g. 4; 1 Hale, Pl. Cr. 431; penal law, civil law, military law, and the 1 Asbm. Penn. 289; 9 Carr. & P. 356 ; 2 like. Constitutional law, commercial law, Palm. 545. Third, the party killed must parliamentary law, and the like, are depart- have been a reasonable being, alive and in ments of the general province of civil law, as the king's peace. To constitute a birth, so distinguished from criminal and military law. as to make the killing of a child murder, the

MUNICIPALITY. The body of officers, whole body must be detached from that of taken collectively, belonging to a city, who the mother; but if it has come wholly forth, are appointed to manage its affairs and de- but is still connected by the umbilical cord, fend its interests.

such killing will be murder. 2 Bouvier, Inst. MUNIMENTS. The instruments of n. 1722, note. Fieticide would not be such a writing and written evidences which the killing: he must have been in rerum naturâ. owner of lands, possessions, or inheritances Fourth, malice, either express or implied. It has, by which he is enabled to defend the is this circumstance which distinguishes murtitle of his estate. Termes de la Ley; Coke, der from every description of homicide. See 3d lost. 170,

Malice. MUNUS. A gift; an office; a benefice, actments, murder has been divided into de

3. In some of the states, by legislative enor feud. A gladiatorial show or spectacle. Calvinus, Lex.; DuCange.

grees. In Pennsylvania, the act of April 22,

1794, 3 Smith, Laws, 186, makes "all murder MURAGE. A toll formerly levied in which shall be perpetrated by means of poin England for repairing or building public son, or by lying in wait, or by any other kind walls.

of wilful, deliberate, and premeditated killMURAL MONUMENTS. Monuments ing, or which shall be committed in the permade in walls.

petration or attempt to perpetrate any arson,

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rape, robbery, or burglary, shall be deemed MUTATION. In French Law. This
murder of the first degree ; and all other term is synonymous with change, and is par.
kinds of murder shall be deemed murder of ticularly applied to designate the change
the second degree; and the jury before whom which takes place in the property of a thing
any person indicted for murder shall be tried in its transmission from one person to an-
shall, if they find the person guilty thereof, other. Permutation therefore happens when
ascertain in their verdict whether it be mur- the owner of the thing sells, exchanges, or
der of the first or second degree; but if such gives it. It is nearly synonymous with trans-
person shall be convicted by confession, the fer. Merlin, Répert.
court shall proceed, by examination of wit-
nesses, to determine the degree of the crime, An amendment allowed to a libel, by which

and give sentence accordingly.” Many deci- there is an alteration of the substance of the
sions have been made under this act, to which libel, as by propounding a new cause of ac-
the reader is referred. See Wharton, Crim. tion, or asking one thing instead of another.
Similar enactments have been made in 107; 1' Paine, C. C. 435; 1 Gall. C. C. 123 ;

Dunlap, Adm. Pr. 213; Law, Eccl. Law, 165– Massachusetts, Tennessee, and Virginia. 3

1 Wheat. 261. Yerg. Tenn. 283; 5 id. 310; 6 Rand. Va. 721. See, generally, Bishop, Gabbett, Russell, MUTATIS MUTANDIS (Lat.). TheneWharton, Crim. Law; Roscoe, Crim. Ev., cessary changes. This is a phrase of frequent Archbold, Crim. Pract.; Hawkins, Hale, Pleas practical occurrence, meaning that matters of the Crown.

or things are generally the same, but to be In Pleading. In an indictment for mur- altered when necessary, as to names, offices, der, it must be charged that the prisoner and the like. did kill and murder” the deceased; and un- MUTE (mutus). When a prisoner upon less the word murder be introduced into the his arraignment totally refuses to answer, incharge, the indictment will be taken to charge sists upon mere frivolous pretences, or refuses manslaughter only. Foster, Crim. Law, 424; to put himself upon the country, after pleadYelv. 205; 1 Chitty, Crim. Law, *243, and ing not guilty, he is said to stand mute. the authorities and cases there cited.

In the case of the United States vs. Hare MURDRUM. In Old English Law. et al., Circuit Court, Maryland Dist. May During the times of the Danes, and after- sess. 1818, the prisoner standing mute was wards till the reign of Edward III., mur- considered as if he had pleaded not guilty. drum was the killing of a man in a secret The act of congress of March 3, 1825, 3 Story, manner; and in that it differed from simple U. S. Laws, 2002, has since provided as folhomicide.

lows: % 14, That if any person, upon his or When a man was thus killed, and he was un- her arraignment upon any indictment hefore known, by the laws of Canute he was presumed to any court of the United States for any offence be a Dane, and the vill was compelled to pay forty not capital, shall stand mute, or will not anmarks for his death. After the conquest, a similar law was made in favor of Frenchmen, which was

swer or plead to such indictment, the court abolished by 3 Edw. III.

shall, notwithstanding, proceed to the trial of The fine formerly imposed in England upon

the person so standing mute, or refusing to a person who had committed homicide per in- answer or plead, as if he or she had pleaded fortunium or se defendendo. Prin. Pen. Law, not guilty, and, upon a verdict being returned 219, note ?.

by the jury, may proceed to render judgment

accordingly. A similar provision is to be of congress of February 3, 1831, authorizes found in the laws of Pennsylvania and New

. 2 the granting of a copyright for a musical composition. A question was formerly agi, ishment or sentence of penance or peine (pro

In formertimes, in England, the terrible puntated whether a composition published on a

bably a corrupted abbreviation of prisone) fort single sheet of paper was to be considered a

et dure was inflicted where a prisoner would book; and it was decided in the affirmative. not plead, and stood obstinately mute. This 2 Campb. 28, n.; 11 East, 244. See Copy

judgment of penance for standing mute was TO MUSTER. To collect together and ex- the prison from whence he came, and put

as follows: that the prisoner be remanded to hibit soldiers and their arms. To employ re- into a low, dark chamber, and there be laid cruits, and put their names down in a book to

on his back, on the bare floor, naked,-unless enrol them.

where decency forbids; that there be placed MUSTER-ROLL. A written document upon his body as great a weight of iron as he containing the names, ages, quality, place of could bear; and, more, that he have no susresidence, and, above all, place of birth, of tenance, save only on the first day three mor: every person of the ship's company. It is sels of the worst bread, and on the second of great use in ascertaining the ship's neu- day three draughts of standing water that trality. Marshall

, Ins. b. 1, c. 9, s. 6, p. 407; should be nearest to the prison-door; and in Jacobson, Sea Laws, 161; 2 Wash. C. C. 201. this situation this should be alternately his

MUSTIRO. A name given to the issue daily diet till he died or (as anciently the of an Indian and a negro. Dudl. So. C. 174. / judgment ran) till he answered. Britton,


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