KFLCC Kingdom Law 2nd Ed.

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MUTUS ET SURDU3

MUSSA

MUSSA. In old English law. A moss or marsh ground, or a place where sedges grow; a place overrun 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 service in the army and inscribe their names on the muster-roll or official record. See Tyler v. Pomeroy, 8 Allen (Mass.) 498. — Muster-master. One who superintended the muster to prevent frauds. St. 35 Eliz. c. 4. —Master-book. A book in which the forces are registered. Termes de la Ley.—Muster roll. In maritime law. A list-or account of a ship's company, required to be kept by the mas ter or other person having care of the ship, containing the name, age, national character, atid quality of every person employed in the ship. Abb. Shipp. 191, 192; Jac. Sea Laws, 161. MUSTIZO. A name given to the issue of an Indian and a negro. Miller v. Dawson, Dud. (S. O.) 174. MUTA-CANUM. A kennel of hounds; one of the mortuaries to which the crown was entitled at a bishop's or abbot's de cease. 2 Bl. Comm. 426. In the civil law. Change of name. Cod. 9, 25. MUTATION. In French law. This term is synonymous with "change," and is es pecially applied to designate 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. Repert MUTATION OF LIBEL. In practice. An amendment allowed to a libel, by which there is an alteration of the substance of the libel, as by propounding a new cause of ac tion, or asking one thing instead of another. Dunl. Adm. Pr. 213. MUTATIS MUTANDIS. Lat With the necessary changes in points of detail. MUTE. Speechless; dumb; that cannot or will not speak. In English criminal law, a 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 allowable, and will not answer 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 essential part, as, by cutting, tear MUTATIO NOMINIS. Lat

ing, burning, or erasure, but without totally destroying it. See Woodflll v. Patton, 76 Ind. 583, 40 Am. Rep. 269. In criminal law. The depriving a man of the use of any of those limbs which may be useful to him in fight, the loss of which amounts to mayhem. 1 Bl. Comm. 130. MUTINOUS. Insubordinate; disposed to mutiny; tending to incite or encourage mu tiny. In criminal law. An insur rection of soldiers or seamen against the au thority of their commanders; a sedition or revolt in the army or navy. See The Sta cey Clarke (D. C.) 54 Fed. 533; McCargo v. New Orleans Ins. Co., 10 Rob. (La.) 313, 43 Am. Dec. 180. —Mutiny act. In English law. An act of parliament annually passed to punish mutiny and desertion. 1 Bl. Comm. 415. MUTUAL. Interchangeable; reciprocal; each acting in return or correspondence to the other; given and received; spoken of an engagement or relation in which* like duties and obligations are exchanged. "Mutual" is not synonymous with "common.'* The latter word, in one of its meanings, denotes that which is shared, in the same or different degrees, by two or more persons; but the for mer implies reciprocal action or interdependent connection. As to mutual "Accounts," "Assent," "Com bat," "Conditions," "Contracts," "Cove nants," "Credits," "Debts," "Insurance," "Insurance Company," "Mistake," "Prom ise," and "Testaments," see those titles. MUTUALITY. Reciprocation; inter change. An acting by each of two parties; an acting in return. In every agreement the parties must, as re gards the principal or essential part of the transaction, intend the same thing; •. e., each must know what the other is to do. This is called "mutuality of assent." Chit. Cont. 13L In a simple contract arising from agreement, it is sometimes the essence of the transaction that each party should be bound to do some thing under it. This requirement is called "mu tuality." Sweet. Mutuality of a contract means an obligation • on each to do, or permit to be done, something in consideration of the act or promise of the other. Spear v. Orendorf, 26 Md. 37. MUTUANT. The person who lends chat tels in the contract of mutuum, (q. v.) MUTUARI. To borrow; mutuatus, a bor rowing. 2 Arch. Pr. 25. MUTUARY. A person who borrows per sonal chattels to be consumed by him and returned to the lender in kind and quan tity ; the borrower in a contract of mutuum. MUTUS ET SURDUS. Lat. In civil and old English law. Dumb and deaf. MUTINY.