The Cyclopedic Law Dictionary

In ecclesiastical law. A burial place. A kind of ecclesiastical heriot, being a customary gift of the second-best living animal belonging to the deceased, claimed by and due to the

A mortgage. MORTUUS (Lat.) Dead. Ainsworth. So in sheriff's return m.ortuus est, he is dead. O. Bridg. 469; Brooke, Abr. "Retorne de Brief e," pi. 125; 19 Viner, Abr. "Return," lib

To be dead-born is not to be born. Co. Litt. 29. See 2 Paige, Ch. (N. Y.) 35; Domat, liv, prel. tit. 2 § 1, note 4, 6; 2 Bouv. Inst, notes 1721, 1935. MOS RETINENDUS EST FIDELISSIM

In Spanish law. Strayed goods; estrays. White, New Recop. bk. 2, tit. 2, c. 6. MOT BELL (Saxon). Meeting bell; a bell used by the Saxons to summon the people to the folc mote. Spel

The customary payment at the court (mote) of a feudal lord.

In practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court which he thinks becomes necessary in the pro

A motion designed to bring in review before the trial court the occurrences of the trial, and to present for consideration alleged errors during the course of the trial. 217 111. 8

(from Lat. movere, to move or stir). In the law of evidence. That which moves or influences the mind or will; an emotion, passion, or desire which incites or impels to action. In C

The apparel worn at funerals, and for a time afterwards, in order to manifest grief for the death of some one, and to honor his memory. The expenses paid for such apparel. It has b

Such subjects of property as attend a man's person wherever he goes, in contradistinction to things immovable. Things movable by their nature are such as may be carried from one pl

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. MR. The w

In Spanish law. Movables; all sorts of personal property. White, New Recop. bk. 1, tit. 3, c. 1, § 2.

In Scotch law. The offense of setting fire to a muir or moor. 1 Brown, Ch. 78, 116.

A person born of one white and one black parent. 7 Mass. 88; 2 Bailey (S. C.) 558.

A fine imposed on the conviction of an offense. An imposition laid on ships or goods by a company of trade for the maintenance of consuls and the like. It is obsolete in the latter

Of ancient time, "mu Uer" was taken for a wife, as it is commonly used for a woman, and sometimes for a widow; but it has been held that a virgin is included under the name "mulier

Many promises lessen confidence. 11 Cush. (Mass.) 350. MULTA IGNORAMUS QUAE NOBIS non laterent si veterum lectio nobis fuit familiaris. We are ignorant of many things which would n

QUAE TAmen tacite damnavit. The law fails to forbid many things which yet it has silently condemned. MULTA TRANSEUNT CUM UNIVERSItate quae non per se transeunt. Many things pass as

In equity pleading. The demand in one bill of several matters of a distinct and independent nature against several defendants. Cooper, Eq. PI. 182; 18 Ves. 80; 2 Mason (U. S.) 201;

In Scotch law. Double distress; a name given to an action which may be brought by a person in possession of goods claimed by different persons pretending a right thereto, calling t

A multiplicity of suits does not mean a multitude of suits. It does not apply to a situation where each of several parties jointly and severally liable may be independently sued, b

The meaning of this word is not very certain. By some it is said that, to make a multitude, there must be ten persons, at least, while others contend that the law has not fixed any

Ten make a multitude. Co. Litt. 247. MULTITUDO ERRANTIUM NON PARIT error! patrocinium. The multitude of those MULTITUDO IMPERITORUM PERDIT curiam. A multitude of ignorant practitio

Peace.

The name given to grants made in the early feudal ages, which were merely tenancies at, will, or during the pleasure of the grantor. Dalr. Feud. Prop. 198, 199; Wright, Ten. 19. MU

Strictly, this word applies only to what belongs to a city. Among the Romans, cities were called municipia. These cities voluntarily joined the Roman republic in relation to their

A contribution of money, lands, municipal bonds, etc., by a municipality to some private enterprise deemed to be of general benefit, to procure or encourage the construction thereo

A public corporation, created by government for political purposes, and having subordinate and local powers of legislation; e. g., a county, town, city, etc. 2 Kent, Comm. 275; Ang

In English law. A general statute (5 & 6 Wm. IV. c. 76), passed in 1835, prescribing general regulations for the incorporation and government of boroughs.

Courts whose jurisdiction extends only to the limits of a municipality. They are sometimes so called in the statutes creating them, but sometimes have other designations.

The body of officers, taken collectively, belonging to a city, who are appointed to ijianage its affairs, and defend its interests. MUNICIPIUM (Lat. from mMWMS, office or honor, an

In contradistinction to international law is the system of law proper to any single nation or state. It is the rule or law by which a particular district, community, or nation is g

An ordinance of a municipal corporation.

Municipal se- They are of two general classes: (1) Municipal bonds, being written and usually sealed obligations executed by the proper officers of the municipality, binding it to

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 his estate. Termes de la

A gift; an office; a benefice, or feud; a gladiatorial show or spectacle. Calv. Lex.; Du Cange.

A toll formerly levied in England for repairing or building public walls. St. Westminster I. c. 30.

Monuments made in walls. Owing to the difficulty or impossibility of removing them, secondary evidence may be given of inscriptions on walls, fixed tables, gravestones, and the lik

In criminal law. The willful killing of any subject whatever, with malice aforethought, whether the person slain shall be an Englishman or a foreigner. Hawk. P. C. bk. 1, c. 13, S

In old English law. During the times of the Danes, and afterwards till the reign of Edward III., mujrdrum was the killing of a man in a secret manner, and in that it differed from

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 (q.

In old Scotch law. Murther or murder. Skene de Verb. Sign.

By tracing the Greek word from which "museum" is derived to its root it is' found to signify amusement, or to amuse; and thus, the term museum would appear to embrace not only coll

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 names, ages, national.character,

A name given to the issue of an Indian and a negro. Dudley (S. C.) 174. MUTA CANUM (Law Lat.) In old EJnglish law. A pack of hounds. Spelman. See 2 How. St. Tr. 1164. MUTATIO NOMIN

In French law. This term is synonymous with "change," and is particularly applied to designate the change which takes place in the property of a thing in its transmission from one

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 action, or asking one thing istead of

In criminal law. The depriving a man of the use af any of those limbs which may be useful to him in fight, the loss of which amounts to mayhem. 1 BL Comm. 130.

In criminal law. The unlawful resistance to a superior oflicer, or the raising of commotions and disturbances on board of a ship against the authority of its commander, or in the a

In English law. A statute, annually passed, to punish mutiny and desertion, and for the better payment of the army and their quarters. It was first passed April 12, 1689. See 22 Vi

Reciprocal; reciprocally giving and receiving. Applied to contracts and relations by which reciprocal duties are imposed.

See "Account." MUTUAL AND OPEN ACCOUNT CURrent. A mutual and open account current is one consisting of credits as well as debits between the parties. 73 W. 545.

To constitute a mutual contract both parties must be bound. Without this reciprocal obligation no contract can be constituted. If for any reason a contract cannot be enforced again

Credits given by two persons mutually, i. e., each giving credit to the other. It is a more extensive phrase than "mutual debts." Thus, the sum credited by one may be due at once;

A form of life insurance in which the insurer is an association in which all the policy holders are members, and the losses are met by assessments levied upon the members either pe

Reciprocity; acting in return. Add. Cont. 622; 26 Md. 37. See "Consideration."

The phrase "mutual mistake," as used in equity, means a mistake common to all the parties to a written contract or instrunient, and it usually relates to a mistake concerning the c

Promises simultaneously made by two parties to each other, each promise being the consideration of the other. Hob. 88; 14 Mees. & W. 855; Add. Cent. 22. If one of the promises be v

The person who lends chat- ' tels in the contract of mutuum {g. v.)

To borrow; mutuatus, a borrowing. 2 Archb. Prac. 25.

A person who borrows personal chattels to be consumed by him, and returned to the lender in kind; the person who receives the benefit arising from the contract of mutuum. Story, Ba

A loan of personal chattels to be consumed by the borrower, and to be returned to the lender in kind and quantity; as, a loan of com, wine, or money, which are to be used or consum

A nervous disease affecting the muscles. 244 111. 342.

Inflammation of the spinal cord. 193 111. 279; 41 111. App. 273. MYNUTE (Law Fr.) Midnight. Britt. c. 80. MYS (Law Fr. from mitter, to put). Put; sent; put in or inserted. Mys a lo

A will under seal. 5 Mart. (La.) 182; 5 La. 396; 10 La. 328; 15 La. 88. So called from the fact that it is sealed N N. An abbreviation of Novelise, the Novels of Justinian; used in

(L. Ft.) Birth; origin. NAIF (Law Fr.; Law Lat. nativus, a born slave). A villein; a born slave (nee serfe). Britt. c. 31; LL. Gul. Conq. lib. 33.

As used in legal phrases, the term means either without consideration or legal formality, or without support or corroboration.

A confession of crime unsupported by extrinsic evidence showing the commission of the crime.

A right, power or authority disconnected from any interest or estate of the donee in the subject-matter to which it relates. 1 Caines Cas. (N. Y.), 15; 47 Miss. 534.

A passive trust.

or NAAM. In Old English Law. The taking of a pledge; a distress. A component part of the word "withernam" (q. v.) In Latin Phrases. For. Used as introductory to the quotation of a

One or more words habitually used to distinguish a particular individual. A letter of the alphabet does not constitute a name. 232 111. 228. The name of a person consists, among An

The popular name in English law for the clause, sometimes inserted in a will or settlement by which property is given to a person, for the purpose of imposing on him the condition

In a strict grammatical sense a difference exists between "namely" and "including." The former imports interpretation, i. e., indicates what is included in the previous term; but "

An old word which signifies the taking or distraining another person's movable goods. 2 Inst. 140; 3 HI. Comm. 149. A distress. Dalr. Feud. Prop. 113.

An unjust taking of the cattle of another, and driving them to an unlawful place, pretending damage done by them. 3 Bl. Comm. 149. NARR (an abbreviation of the word narratio). A de

A pleader who draws rva/rrs. Serviens narrator, a serjeant-at-law. Fleta, lib. 2, c. 37. Obsolete.

In English law. Those seas which adjoin the coast of England. Bac. Abr. "Prerogative" (B 3). NASCITURUS (Lat. from nasci, to be bom). In the civil law. An unborn child; a child to

The state or condition of a man acquired by birth. heirs, near and remote. Fleta, lib. 3, c. 8. See Comb. 164. NATIO (Lat.) In old reoords. A native place. Cowell.

An Independent body politic; a society of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength. But ev

National banks are, and are not, foreign corporations. They are incorporated and exist under acts of congress and are agencies of the federal government, domesticated in the state.

See "Public Domain."

Domicile considered with respect to the nation within which one is domiciled, rather than with respect to the particular locality.

Character, status, or condition ■with reference to the rights and duties of a person as a member of some one state or nation, rather than another. The term is in frequent use with

or NATIVE CITIZEN. A natural-born subject. 1 Bl. Comm. 366. A person born within the jurisdiction of the United States, whether after Declaration of Independence or before, if he d

In old English law. Vl Uenage; that state in which men were born slaves. 2 Mon. Angl. 643. Called by Britton naifte. Britt. c. 31.

A writ which lay for a lord whose villein had run away, commanding the sheriff to apprehend the villein, and restore him to the lord.

A born villein.

ITA et lex. Nature aspires to perfection, and so does the law. Hob. 144. NATURA FIDE JUSSIONIS SIT STRICTisslml Juris et non durat, vel extendatur de re ad rem, de persona ad perso

The affection which a husband, a father, a brother, or other near relative naturally feels towards those who are so nearly allied to him sometimes supplies the place of a valuable

In English Law. That kind of allegiance which is due from all men born within the king's dominions, immediately upon their birth, which is intrinsic and perpetual, and cannot be di

In English law. Such persons as are born within

Bastards; children born out of lawful wedlock. In Civil Law. Children by procreation, as distinguished from children by adoption. In Louisiana. Illegitimate children who have been

That space of time Included between the rising and the setting of the sun. See "Day."

That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It corresponds precisely with the definition of justice or natural law, which is

In Spanish law. The state of a natural-born subject. White, New Recop. bk. 1, tit. 5, c. 2. Called naturalidad.

An idiot; one bom without the reasoning powers, or a capacity to acquire them.

The natural production of trees, bushes, and other plants, for the use of men and animals, and for the reproduction of such trees, bushes, or plants. This expression is used in con

A period of nonresponsible life, which ends with the seventh year.