Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 22,662 terms defined in Black's Law Dictionary. Browse all dictionaries
1. To make an application to a court for a rule or order. 2. To propose a resolution, or recommend action in a deliberative body. 3. To pass over; to be transferred; as when the co
One who moves; one who makes a motion before a court; the applicant for a rule or order.
Making a motion on a day which is not motion day, in virtue of having argued a special case; used in the exchequer after it became obsolete in the queen's bench. Wharton.
An abbreviation for "Master of the Rolls."
An English statute, for the amendment of procedure in criminal trials, (28 & 29 Viet. c. 18,) allowing counsel to sum up the evidence in criminal as in civil trials, provided the p
Timber; wood suitable for building purposes.
An abbreviation for "Michaelmas Term."
See Cautio.
In Spanish law. Movables; all sorts of personal property. White, New Recop. b. 1, tit. 3, a 1, § 2.
In Scotch law. The offense of setting fire to a muir or moor. 1 Brown, Ch. 78, 116.
- Mulattodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
A mulatto is defined to be "a person that is the offspring of a negress by a white man or of a white woman by a negro." Thurman v. State, 18 Ain. 276.
A penalty or punishment imposed on a person guilty of some offense, tort or misdemeanor, usually a pecuniary fine or condemnation in damages. See Cook v. Marshall County, 119 Iowa,
Cod. 1, 54. A fine does not involve loss of character.
L. Fr. When a man has a bastard son, and afterwards marries the mother, and by her has also a legitimate son, the elder son is bastard eign6, and the younger son is mulier puisn4.
In old English law. The state or condition of a mulier or lawful issue. Co. Litt. 352b. The opposite of bastardy. Blount
Lat (1) A woman; (2) a virgin; (3) a wlfe; (4) a legitimate child. I Inst. 243.
A legitimate son. Glanvil.
- Multa conceduntur per obliquum quae non conceduntur de directodefined inBallentine's (1916)Black's (1910)
Many things are allowed indirectly which are not allowed directly. 6 Coke, 47.
Many promises lessen confidence. Brown v. Castles, II Cush. (Mass.) 350.
- Multa ignoramus quæ nobis non laterent si veterum lectio nohis fnit familiarisdefined inBlack's (1910)
10 Coke, 73. We are ignorant of many things which would not be hidden from us if the reading of old authors was fa-millar to us.
- Multa in jure communi contra rationem disputandi, pro communi ntilitate introducta suntdefined inBlack's (1910)
Many things have bcen introduced into the common law, with a view to the public good, which are inconsistent with sound reason. Co. Litt. 70b; Broom, Max. 158.
- Multa multo exercitatione facilius quam regulis percipiesdefined inBallentine's (1916)Black's (1910)
4 Inst. 50. You will perceive many things much more easily by practice than by rules.
The law forbids not many things which yet it has sllently condemned.
A fine or final satisfaction, anciently given to the king by the bishops, that they might have power to make their wills, and that they might have the probate of other men's wills,
Many things pass with the whoig which do not pass separately. Co.. Litt 12a.
- Multifariousnessdefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
In equity pleading. The fault of improperly joining in one bill distinct and independent matters, and thereby confounding them; as, for example, the uniting in one bill of several
4 Inst. 348. Many men have known many things; no one has known everything.
Divided into many or several parts.
- Multiple Poindingdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
In Scotch law. Double distress ; a name given to an action, corresponding to proceedings by way of interpleader, which may be brought by a person in possession of goods claimed by
- Multiplex et indistinctnm parit confusionem; et quaestiones, quo simpliciores, eo lucidioresdefined inBlack's (1910)
Hob. 335. Multiplicity and indistinctness produce confusion; and questions, the more simple they are, the more lucid.
As transgression is multiplied, the Infliction of punishment should increase. 2 Inst. 479.
A sinte of being many. That quality of a pleading which involves a variety of matters or particulars; undue variety. 2 Saund. 410. A multiplying or increasing. Story. Eq. PI. § 287
A phrase descriptive of the state of affairs where several different suits or actions are brought upon the same issue. It is obviated in equity by a bili of peace ; in courts of la
- Multitudedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
An assemblage of many people. According to Coke it is not a word of very precise meaning; for some authorities hold that there must be at least ten persons to make a multitude, whi
Co.. Litt. 257. Ten make a multitude.
The multitude of those who err furnishes no countenance or excuse for error. 11 Coke, 75a. It is no excuse for error that it is entertained by numbers.
The great number of unskillful practitioners ruins a court. 2 Inst. 219.
In old records. A wether sheep.
- Multo utilius est pauea idonea effundere quam multis inutilibus homines gravaridefined inBlack's (1910)
4 Coke, 20. It is more useful to pour forth a few useful things than to oppress men with many useless things.
In Scotch law. The quantity of grain or meal payable to the proprietor of a mill or to the multurer, his tacksman, for manufacturing the conis. Ersk. Inst. 2, 9, 19.
In medical Jurisprudence. A term applied to the complete drying up of the body. It is the result of burial in a dry, hot soil or the exposure of the body to a continuously cold and
Antic diversions In the Christmas holidays, suppressed in Queen Anne's time.
In old English law. Peace; whence mundbryc, a breach of the peace.
A receiving into favor and protection. Cowell.
In old French law. A tribute paid by a church or monastery to their seignorial avou4s and vidames, as the price of protecting them. Steph. Leet 236.
In the early ages of the feudal law, this was the name given to the grants of land made by a king or chieftain to hls followers, which were held by no certain tenure, but merely at
Lat In Roman law. A provincial person; a countryman. This was the designation of one born in the provinces or in a city politically connected with Rome, and who, having become a Ro
- Municipaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)Bouvier (1839)
Municipal signifies that which belongs to a corporation or a city. The term includes the rules or laws by which a particular district, community or nation is governed. It may also
A contribution or assistance granted by a municipal corporation towards the execution or progress of some enterprise; undertaken by private parties, but likely to be of benefit to
Negotiable bonds issued by a municipal corporation, to secure its indebtedness. Austin v. Nalie, 85 Tex. 520, 22 S. W. 668; Howard v. Kiowa County (C. C.) 73 Fed. 406 .
In Pennsylvania law. Claims filed by a city against property owners therein, for taxes, rates, levies, or assessments for local improvements, such as the eost of grading, paving, o
- Municipal Corporationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
A public corporation, created by government for political purposes, and having subordinate and local powers of legislation; e. p., a county, town, city, etc. 2 Kent, Comm. 275. An
In English law. A general statute, (5 & 6 Wm. IV. c. 76,) passed in 1835, prescribing general regulations for the incorporation and government of bor-ougbs.
In the judicial organization of several states, courts are established under this name, whose territorial authority is confined to the city or community in which they are erected.
- Municipalitydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
A municipal corporation; a city, town, borough or incorporated village. Also the body of officers, token collectively, belonging to a city.
the law of an individual state or nation. It is the rule or law by which a particular district, community, or nation is governed. 1 Bl. Comm. 44. That which pertains solely to the
A lien or claim existing in favor of a municipal corporation against a property owner for his proportionate share of a public improvement, made by the municipality, whereby his pro
An officer belonging to a municipality; that is, a city, town, or borongh
- Municipal ordinancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A law, rule, or ordinance enacted or adopted by a municipal corporation. Rutherford v. Swink, 96 Tenn. 564, 35 S. W. 554.
- Municipal securitiesdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The evidences of indebtedness issued by cities, towns, counties, townships, school-districts, and other such territorial divisions of a state. They are of two general classes: (1)
A municipal warrant or order is an instrument, generally in the form of a bill of exchange, drawn by an officer of a municipality upon its treasurer, directing him to pay an amount
In Roman law. A foreign town to which the freedom of the city of Rome was granted, andwhose inhabitants had the privilege of enjoying offices and honors there; a free town. Adams,
A house or room of strength, In cathedrals, collegiate churches, castles, colleges, public buildings, etc., purposely made for keeping deeds, charters, writings, etc. 3 Inst. 170.
- Munimentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
The instruments of writing and written evidences which the owner of lands, possessions or inheritances has, by which he Is enabled to defend the title of hls estate. Termes de la L
In international law and United States statutes, thls term includes not only ordnance, ammunition, and other material directly useful in the conduct of a war, but also whatever may
- Munusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Lat. A glft; an office; a benefice or feud. A gladiatorial show or spectacle. Calvin.; Du Cange.
- Muragedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A toll formerly levied in England for repairing or bnilding public walls.
- Murderdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
The crime committed where a person of sound mind and discretion (that is, of sufficient age to form and execute a criminal design and not legally "insane") kills any human creature
- Murdrumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)
In old English law. The killing of a man in a secret manner.
Lat. The service of work and labor done by inhabitants and adjoining tenants in building or repairing the walls of a city or castle; their personal service was commuted into murage
In old Scotch law. Mur-ther or murder. Skene,
A building or institution for the cultivation of science or the exhibition of curiosities or works of art. The term "museum" embraces not only collections of curiosities for the en
In old English law. A moss or marsh ground or a place where sedges grow; a place overrun with moss. Cowell.
To assemble together troops and their arms, whether for inspection, drlll or service in the field. To take recruits into the service in the army and inscribe their names on the mus
One who superintended the muster to prevent frauds. St. 35 Eiiz. c. 4. -Muster-book. A book in which the force3 are registered. Termes de la Ley.
A name given to the issue of an Indian and a negro. Miller v. Dawson, Dud. (S. O.) 174.
A kennel of hounds; one of the mortuaries to which the crown was entitled at a bishop's or abbot's decease. 2 Bl. Comm. 426.
- Mutationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Abbott (1879)Bouvier (1839)
In French law. This term is synonymous with "change," and is especially applied to designate the change which takes place in the property of a thing in its transmission from one pe
- Mutation of Libeldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In practice. An amendment allowed to a libel, by which there is an alteration of the substanco of the libel, as by propounding a new cause of action or asking one thing instead of
Lat In the civil law. Change of name. Cod. 9, 25.
- Mutatis Mutandisdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
Lat With the necessary changes in points of detain
- Mutedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
Speechless; dumb; that cannot or will not speak. In English criminni law, a prisoner is said to stand mute when, being arraigned for treason or felony, he either makes no answer at
- Mutilationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
As applied to written documents, such as wills, court records, and the like, this term means rendering the document imperfect by the subtraction from it of some essential part, as,
Insubordinate; disposed to mutiny; tending to incite or encourage mutiny.
- Mutinydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
In criminal law. An insurrection of soldiers or seamen against the authority of their commanders; a sedition or revolt in the army or navy. See The Stacey Clarke (D. C.) 54 Fed. 53
In English law. An act of parliament annually passed to punish mutiny and desertion. 1 Bl. Comm. 415.
- Mutualdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
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
Accounts comprising mutual credits between the parties ; or an existing credit on one side which constitutes a ground for credit on the other, or where there is an understanding th
The meeting of the minds of both or all the parties to a contract; the fact that each agrees to all the terms and conditions, in the same sense and with the same meaning as the oth
In bankrupt law. Credits which must, from their nature, terminate in debts; as where a debt is due from one party, and credit given by him to the other for a sum of money payable a
Money due on bath sides between two persons.
- Mutualitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Reciprocation; interchange, An acting by each of two parties; an acting in return. In every agreement the parties must, as regards the principal or essential part of the transactio
- Mutual promisesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Promises simultaneously made by and between two parties ; each being the consideration for the other.
Wills made by two persons who leave their effecte reciprocally to the survivor.
See Testament.
The person who lends chattels in the contract of mutuum, (q. v.)
To borrow; mutuatus, a borrowing. 2 Arch. Pr. 25.
A person who borrows personal chattels to be consumed by him and returned to the lender in kind and quantity ; the borrower in a contract of mutuum.
Lat. In civil and old English law. Dumb and deaf.
- Mutuumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
Lat In the law of ball-ments. A loan for consumption; a loan of chattels, upon an agreement that the borrower may consume them, returning to the lender an equivalent In kind and qu