英文法律词典 M-164

MURDER, pleadings. In an indictment¹ for murder, it must be charged that the prisoner "did kill and murder" the deceased, and unless the word murder be introduced into the charge, the indictment will be taken to charge manslaughter only. Foster, 424; Yelv. 205; 1 Chit. Cr. Law, *243, and the authorities and cases there cited.

MURDRUM, old Engl. law. During the times of the Danes, and afterwards till the reign² of Edward III, murdrum was the killing³ of a man in a secret manner, and in that it differed from simple homicide.

2. When a man was thus killed, and he was unknown, by the laws of Canute he was presumed to be a Dane, and the vill was compelled to pay forty marks for his death. After tlie conquest, a similar law was made in favor of Frenchmen, which was abolished by 3 Edw. III.

3. By murdrum was also understood the fine formerly⁵ imposed in England upon a person who had committed homicide perinfortunium or se defendendo. Prin. Pen. 219, note r.

MUSICAL COMPOSITION. The act of congress of February 3, 1831, authorizes⁶ the granting of a copyright for a musical composition. A question was formerly agitated⁷ whether a composition published on a single sheet of paper, was to be considered a book, and it was decided⁸ in the affirmative. 2 Campb. 28, n.; 11 East, 244. See Copyright.

TO MUSTER⁹, mar⁴. law. By this term is understood to collect together and exhibit soldiers and their arms; it also signifies to employ recruits and put their names down in a book to enrol¹⁰ them.

MUSTER-ROLL, maritime¹¹ law; A written document containing the name's, ages, quality, place of residence, and, above all, place of birth, of every person of the ship's company. It is of great use in ascertaining¹² the ship's; neutrality. Marsh¹³. Ins. B. 1, c. 9, s. 6, p. 407; Jacobs. Sea Laws, 161; 2 Wash. C. C. R. 201.

MUSTIRO. This name is given to the issue of an Indian and a negro. Dudl. S. Car. R. 174.

MUTATION¹⁴, French law. This term is synonymous with change, and is particularly applied¹⁵ to designate the change which takes place in the property of a thing in its transmission from one person to another; permutation therefore happens when, the owner of the thing sells, exchanges or gives it. It is nearly synonymous with transfer. (q. v.) Merl. RÇpert. h. t.

MUTATION OF LIBEL, practice. An amendment¹⁶ allowed to a libel, by which there is an alteration¹⁷ of the substance of the libel, as by propounding¹⁸ a new cause of action, or asking one thing instead of another. Dunl. Adm. Pr. 213; Law's Eccl. Law, 165-167; 1 Paine's R. 435; 1 Gall¹⁹. R. 123; 1 Wheat. R. 26l.