Blacks Law Dict. 1st ed

MJSE-MONET

779

MISREADING

MISE-MONEY. Money paid by way of contract or composition to purchase any lib erty, etc. Blount. Misera est servitus, ubi jus est vagum aut incertum. It is a wretched state of slavery which subsists where the law is vague or uncertain. 4Inst. 245; Broom, Max. 150. MISEBABILE DEPOSITTJM. Lat. In the civil law. The name of an involuntary de posit, made under pressing necessity; as, for instance, shipwreck, fire, or other inevitable calamity. Foth. Froc. Civile, pt. 5, c. 1, § 1; OodeLa. 2935. MISERERE. The name and first word of one of the penitential psalms, being that which was commonly used to be given by the ordinary to such condemned malefactors as were allowed the benefit of clergy; whence it is also called the "psalm of mercy." Whar ton. MISERICORDIA. Mercy; a fine or amerciament; an arbitrary or discretionary amercement. MISERICORDIA COMMUNIS. In old English law. A fine set on a whole county or hundred. MISFEASANCE. A misdeed or tres pass. The doing what a party ought to do improperly. 1 Tidd, Pr. 4. The improper performance of some act which a man may lawfully do. 8 Steph. Coram. 460. Misfeasance, strictly, is not doing a lawful act in a proper manner, omitting to do it as it should be done; while malfeasanoe is the doing an act wholly wrongful; and non-feasance is an omission to perform a duty, or a total neglect of duty. But "misfeasance" is often carelessly used in the sense of "malfeasance." 83 Conn. 109. MISFEAZANCE. See MISFEASANOB. MISFORTUNE. An adverse event, calamity, or evil fortune, arising by accident, (or without the will or concurrence of him who suffers from it,) and not to be foreseen or guarded against by care or prudence. See 20 Q. B. Div. 816. In its application to the law of homicide, this term always involves the further idea that the person causing the death is not at the time engaged in any un lawful act. 4 BL Comm. 182. MISJOINDER. The improper joining together of parties to a suit, as plaintiffs or defendants, or of different causes of action. MISKENNING. In Saxon and old En glish law. An unjust or irregular summon ing to court; to speak unsteadily in court; to

vary in one's plea. Cowell; Blount; Spel man. MISLAY. To deposit in a place not aft erwards recollected; to lose anything by for getfulness of the place where it was laid. MISLEADING. Delusive; calculated to lead astray or to lead into error. Instruc tions which are of such a nature as to be misunderstood by the jury, or to give them a wrong impression, are said to be "mislead ing." MISNOMER. Mistake in name; the giv ing an incorrect name to a person in a pleading, deed, or other instrument. MISPLEADING. Pleading incorrectly, or omitting anything in pleading which is es sential to the support or defense of an action, is so called; as in the case of a plaintiff not merely stating his title in a defective manner, but setting forth a title which is essentially defective in itself; or if, to an action of debt, the defendant pleads "not guilty" instead of nil debet. Brown. MISPRISION. In criminal law. A term used to signify every considerable misde meanor which has not a certain name given to it by law. 8 Inst. 36. Neglect or light account made of a crime; omission to reveal it. "Misprision of trea son" is the bare knowledge and concealment of treason, without any degree of assent thereto, for any assent makes the party a principal traitor. 4B1. Comm. 120; 4 Steph. Comm. 200. "Misprision of felony" is the concealment of a felony committed by an other, without such previous concert with or subsequent assistance of the latter as will make the party concealing an accessary be fore or after the fact. 4 Steph. Comm. 260. These are "misprisions," in the proper sense of the term. Contempts and high misde meanors were formerly termed "positive mis prisions. " 4 Bl. Comm. 121. Misprisions of clerks are mistakes made by clerks, etc., in writing or keeping records. MISPRISION OF TREASON. Mis prision of treason is the knowledge and con ceal ment of treason, without otherwise as senting to or participating in the crime. Pen. Code Cal. § 38. MISREADING. Beadingadeedor other instrument to an illiterate or blind man (who is a party to it) in a false or de ceitful manner, so that he conceives a wrong

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