Blacks Law Dict. 1st ed

MISE

MISBEHAVIOR

778

applied to the misdemeanor which is com mitted by a banker, factor, agent, trustee, etc., who fraudulently deals with money, goods, securities, etc., intrusted to him, or by a director or public officer of a corporation or company who fraudulently misapplies any of its property. Steph. Crim. Dig. 257, et seq. Sweet. MISBEHAVIOR. Ill conduct; improper or unlawful behavior. Verdicts are some times set aside on the ground of misbehavior of jurors. MISCARRIAGE. In medical juris prudence. The expulsion of the ovum or embryo from the uterus within the first six weeks after conception. Between that time, and before the expiration of the sixth month, when the child may possibly live, it is termed "abortion." When the delivery takes place soon after the sixth month, it is denominated "premature labor." But the criminal act of destroying the foetus at any time before birth is termed, in law, "procuring miscarriage." Chit. Med. Jur. 410. In practice. As used in the statute of frauds, ("debt, default, or miscarriage of another,") this term means any species of unlawful conduct or wrongful act for which the doer could be held liable in a civil action. MISCEGENATION. Mixture of races; marriage between persons of different races; as between a white person and a negro. MISCHABGE. An erroneous charge; a charge, given by a court to a jury, which in volves errors for which the judgment may be reversed. MISCHIEF. In legislative parlance, the word is often used to signify the evil or dan ger which a statute is intended to cure or avoid. In the phrase "malicious mischief,"(which see,) it imports a wanton or reckless injury to persons or property. MISCOGNISANT. Ignorant; unin formed. The word is obsolete. MISCONDUCT. Any unlawful conduct on the part of a person concerned in the ad ministration of justice which is prejudicial to the rights of parties or to the right deter mination of the cause; as "misconduct of ju rors," "misconduct of an arbitrator." The term is also used to express a dereliction from -duty, injurious to another, on the part of one employed in a professional capacity, as an

attorney at law, (1 Denio, 267,) or a public officer, (60 Me. 58.) MISCONTINUANCE. In practice. An improper continuance; want of proper form in a continuance; the same with "discontin uance." Cowell. MISCREANT. In old English law. An apostate; an unbeliever; one who totally re nounced Christianity. 4 Bl. Comm. 44. MISDATE. A false or erroneous date affixed to a paper or document. MISDELIVERY. The delivery of prop erty by a carrier or warehouseman to a per son not authorized by the owner or person to whom the carrier or warehouseman is bound by his contract to deliver it. 133 Mass. 156. MISDEMEANANT. A person guilty of a misdemeanor; one sentenced to punish ment upon conviction of a misdemeanor. See FIRST-CLASS MISDEMEANANT. MISDEMEANOR. In criminal law. A general name for criminal offenses of every sort, punishable by indictment or special proceedings, which do not in law amount to the grade of felony. A misdemeanor is an act committed or omitted in violation of a public law either forbidding or commanding it. This general definition, however, comprehends both "crimes" and "misdemeanors," which, properly speaking, are mere synonymous terms; though, in common usage, the word "crimes" is made to denote such offenses as are of a deeper and more atrocious dye; while smaller faults and omissions of less consequence are com prised under the milder term of "misdemean ors" only. In the English law, "misdemeanor" is generally used in contradistinction to " felony;" and misdemeanors comprehend all indictable offenses which do not amount to felony, as libels, conspir acies, attempts, and solicitations to commit fel onies, etc. Brown. MISDESCRIFTION. An error or falsi ty in the description of the subject-matter of a contract which deceives one of the parties to his injury, or is misleading in a material or substantial point. MISDIRECTION. In practice. An er ror made by a judge in instructing the jury upon the trial of a cause. MISE. The issue in a writ of right. When the tenant in a writ of right pleads that his title is better than the demandant's, he is said to join the mise on the mere right. Also expense!; costs; disbursements in an action.

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