244 
MUS 
M U T 
that this animal, the more effectually to con- 
ceal its retreat, contrives to make even this 
little air-hole in the midst of some thick 
bush.” Though the principal food of the 
otter consists of fish, yet it is said that in 
hard weather, when this its natural prey 
fails, it will attack the smaller quadrupeds, 
as well as poultry, & c. The otter is natu- 
rally a very fierce animal ; and when hunted 
with dogs, as is sometimes the practice, will 
inflict very severe wounds on its antagonists. 
The female produces four or five young at 
a birth ; this commonly happens early in the 
spring, l ire young otters, if taken at a very 
early age, may be successfully tamed, and 
taught by degrees to hunt for fish, and bring 
them to their master. 
When the otter, in its natural or unedu- 
cated state, has caught a fish, it immediately 
draws it ashore, and devours the head and 
upper parts, leaving the remainder; and 
when in a state of captivity, will eat no fish 
but what is perfectly fresh, but will prefer 
bread, milk, &c. 
£?. M. lutreola.the smaller otter, very much 
resembles the common otter, but is smaller ; 
the body is of a dusky colour, but with a 
considerable cast of tawny. In size it falls 
short of the common otter, measuring about 
a foot in length. In North America this 
species is known by the name of minx ; and 
is said sometimes to leave the water, and 
prey on poultry, &c. in the manner of a 
polecat, biting off the heads and sucking the 
blood. It is said also to have a fetid smell. 
In Europe the smaller otter is chiefly found 
in Poland and Lithuania, living on fish, frogs, 
&c. Its fur is very valuable, and next in 
beauty to that of the sable. 
3. M. lutris, the sea otter, is the largest of 
the otters, measuring about 3 feet from the 
nose to the tail, and the tail thirteen inches. 
The colour of this species is a deep, glossy, 
brownish black, the fur being extremely 
soft and very tine ; on the forehead is gene- 
rally a cast of greyish or silver-colour. Ac- 
cording to Mr. Pennant, it is one of the most 
local animals we are acquainted with, being 
entirely confined between lat. 44. and 60. 
north ; and between east long, from London, 
126. to 150. ; inhabiting, in great abundance. 
Bering’s islands, Kamtschatka, the Aleutian 
and Fox islands, between Asia and America. 
They land also in the Kurile islands, but are 
never seen in the channel between the north- 
east of Siberia and America. It is suppos- 
ed that they bring but one at a time. They 
are most extremely harmless animals, and 
are singularly affectionate to their young. 
They bring forth on land, and often carry 
the young one between their teeth ; fondle 
them ; and frequently fling them up, and 
catch them again in their paws ; and before 
they can swim, the parents take them in 
their fore feet, and swim about on their backs. 
The young continues with its parent till it 
takes a mate. 
This animal is killed for its skin, which is 
one of- the most valuable of furs, being sold 
at the rate of from 14 to 25 pounds sterling 
each. They are said to be chiefly sold to 
the Chinese. 
The sea otter is sometimes taken with 
nets, but is more frequently destroyed with 
clubs and spears. 
4. M. fero, ferret, lias eyes red and fiery. 
It inhabits Africa. In Europe it i§ tamed to 
M U T 
catch rabbits, rats, &c. It procreates twice 
a year, and. brings forth from 6 to 8 at a 
time. See Plate Nat. Hist. fig. 284. • 
M. erminea, stoat: inhabits Europe, the 
cold parts of Africa, Asia, and China ; lives in 
heaps of stones, banks of rivers, hollow trees, 
and forests, especially of beech : preys on 
squirrels, mice, and small birds. Body about 
ten inches long; hair short, which in northern 
climates becomes white, except the outer 
half of the tail, which remains black. The 
fur is very valuable. See Plate Nat. Hist, 
fig. 286. There are 28 species of the mus- 
tela. 
MUTE. If any person being arraigned 
on any indictment or appeal for felony, or 
on any indictment for piracy, shall upon such 
arraignment stand mute, or will not answer 
directly to the felony or piracy, he shall lie 
convicted of the offence, and the court shall 
thereupon award judgment and execution, 
in the same manner as if he had been con- 
victed by verdict or confession ; and by such 
judgment shall have all the same conse- 
quences as a conviction by verdict or confes- 
sion. 12 G. III. c. 20. 
And the law is the same with respect to au 
arraignment for petit treason or larceny ; 
for before this act, persons standing mute in 
either of these cases, were to have the like 
judgment as if they had confessed the in- 
dictment. 2 Inst. 177. 
MUTILLA, a genus of insects, of the 
order hymenoptera ; the generic character 
is, antennae filiform ; feelers four ; the articu- 
lations obconic, seated on the tip of the lip ; 
jaw membranaceous at the tip, lip projecting 
obconic; wings in most species obconic; body 
pubescent, thorax retuse behind ; stingy pun- 
gent, concealed. The M. heivola inhabits 
the Cape of Good Hope. See Plate Nat. 
Hist. fig. 287. There are 38 species. 
MUST. See Fermentation. 
MUTISIA, a genus of the class and order 
syngenesia polygamia superflua. The cal. 
is cylindric, imbricate; cor. of the ray oval, 
oblong; of the disk, trifid, down-feathered ; 
recept.' naked. There is one species, a 
climber of Peru. 
MUTUAL PROMISE, is where one man 
promises to pay money to another, and he, in 
consideration thereof, promises to do a cer- 
tain act, &c. &c. Such promises must be 
binding, as well on one side as the other ; and 
both made at the same time. 1 Salk. 21. 
MUTUS ET SURDUS, a person dumb 
and deaf, and being a tenant of a manor, the 
lord shall have the wardship and custody of 
him. But if a man be dumb and deaf, and 
have understanding, lie may be grantor or 
grantee of lands, &c. 1 Co. Inst. 
A prisoner deaf and dumb from his birth, 
may be arraigned for a capital offence, if 
intelligence can be conveyed to him by signs 
or symbols. Leach’s Cr. Law, 97. See Evi- 
dence. 
MUTULE. See Architecture. 
MUTUUM, in the civil la%v, denotes a 
loan simply so called ; or a contract intro- 
duced by tiie law of nations, whereby a 
thing consisting in weight, as bullion ; in 
number, as money ; or in measure, as corn, 
timber, wine, & c. is given to another upon 
condition that he shad return another tiling 
of the same quantity, nature, and value, on 
demand. This, therefore, is a contract with- 
out reward ; so that where use or interest 
arises, there must be some particular article 
in the contract whereon it is founded. 
MUTINY, in a military sense, to rise 
against authority. Any otiicer or soldier 
who shall presume to use traiterous or dis-» 
respectful words against the sacred person 
of his majesty, or any of the royal family, is 
guilty of mutiny. 
Any officer or soldier who shall behave 
himself with contempt or disrespect towards 
the general or other commander in chief of 
our forces, or shall speak words tending to 
their hurt or dishonour, is guilty of mutiny. 
Any officer or soldier who shall begiiq, 
excite, cause, or join in, any mutiny or se- 
dition in the troop, company, or regiment 
to which he belongs, or in any other troop, 
or company, in our service, or on any party,, 
post, detachment, or guard, on any pretence 
whatsoever, is guilty of mutiny. 
Any officer or soldier, who, being present 
at any mutiny or sedition, does not use his- 
utmost endeavours to suppress the same, or 
coming to the knowledge of any mutiny, or 
intended mutiny, does not, without delay, 
give information to his commanding officer, 
is guilty of mutiny. 
Any officer or soldier, who shall strike his 
superior officer, or draw, or offer to draw,, 
or shale lift up any weapon, or offer any vio- 
lence against him, being in the execution of 
his office, on any pretence whatsoever, or 
shall disobey any lawful command of his su- 
perior officer, is guilty of mutiny. See the 
articles of war. 
MYA, the gaper, in zoology ; a genus be- 
longing to the order of vermes testacea, the 
characters of which are these. It lias a bi- 
valve shell gaping at one end ; the hinge, 
for the most part, furnished with a thick, 
strong, and broad tooth, not inserted into 
the opposite valve. This animal is an ascidia. 
The most remarkable species are, 
1. The declivis, or sloping mya, which lias 
a brittle half-transparent shell, with a hinge 
slightly prominent near the opening, and 
sloping downwards. It inhabits the rivers of 
Europe. It is frequent about the Hebrides, 
and the fish is eaten there by the gentry. 
2. The mya pictorum, has an oval brittle 
shell, with a single longitudinal tooth like a 
lamina in one shell, and two in the other ; 
the breadth is a little above two inches, the 
length one. It inhabits rivers. The shells 
are used to put water-colours in, whence the 
name. Otters feed on this and the other 
fresh-water shells. 
3. The margaritifera, or pearl mya, has a 
very thick, coarse, opaque shell ; often much 
decorticated ; oblong, bending inward on 
one side, or arcuated ; biack on the outside ; 
usual breadth from five to six inches, length 
two and a quarter. It inhabits great rivers, 
especially those which water the mountain- 
ous parts of Great Britain. This shell is 
noted for producing quantities of pearl. 
There have been regular fisheries for the 
sake of this precious article in several 
of our rivers. Sixteen have been found 
within one shell. They are .the disease of 
the fish, analogous to the stone in the human 
body r . On being squeezed they will eject 
the pearl, and often cast it spontaneously in 
the sand of the stream. The river Conway 
was noted for them in the days of Camden. 
