Page:Black's Law Dictionary (Second Edition).djvu/791

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MISCARRIAGE weeks after conception. Between that time, and before the expiration oi! the sixth month, when the chiid may possibly live. it is termed “abortion." When the delivery takes place soon after the sixth month. it ‘E denominated “premature labor." But the crhninal act of destroying the ftrtus at any time before birth is termed, in law, "procuring miscarriage." Chit. Med. Jar. 110. Sq: Smith v. State, 33 Me. 59, 54 Am. Dec. 130:‘: State v. Howard, 32 Vt. 402; Mills v. L‘om., 18 Pa. 632; State v. Crook. 16 Utah, 212, 51 Pac. 1091.

In practice. As used in the statute oi.‘ frauds. (“doht, default, or miscarriage of an- other") this term means any species of un- lawful conduct or wrongful act for which the doer could be held liable in a civil action. Gansey v. Orr. 173 Mo. $2, 73 S. W. -177.

MISCEGENATION. Mixture of races; marriage between persons of different racfi; as between a white person and a negro.

MISCHARGE. 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 danger which a statute is intended to cure or avoid.

1n the phrase “malicious mischief," (which see,) it imports a wanton or reckless injury to persons or property.

MISCOGNISANT. Ignorant; nni.n£orm— ed. The word is obsolete.

MISCONDUCT. Any unlanful conduct on the part at a person concerned in the ad- ministration of justice which is prejudicial to the rights of parties or to the right determination of the cause; as “misconduct of jurors," “misconduct of an arbitrator.” The term is also used to express a doreliction from duty. injurious to another, on the part of one eunplored In a professional capacity. as an attorney at law, (Stage v. Stevens, 1 Denlo [N. Y.] 267.) or a public 0fl'lCPl‘. (State v. Leach 60 Me. 58. 11 Am. Rep. 172.)

MISCONTINUANCE. In practice. An improper continuance; want of proper form in a contlnuame; the same with “discontinnance" Cowell.

MISCRIIANT. 111 old English law. An B[)0SLlte; an unbeliever; one who totally re- uounted Christianity. 4 Bl. Comm. 44.

HISDATE. A false or erroneous date mixed to a paper or document.

MISDELIVER.Y. The delivery of prop- erty by a carrier or warehousemnn to a per-

S3 MISERERE son not anthorizcd by the owner or person to Whom the carrier or warehouseman is bound by his contract to deliver it. Cleve- land. etc., R. Co. v. Potts, 33 Ind. App. 564, 71 N. E. 689; Forbes v. Boston & L R. Co.. 133 Mass. 156.

MISDEIVJEANANT. A person guilty of a misdemeanor; one sentenced to punish ment upon conviction oil a misdemeanor. See Fmsr-CLAss hilsnansmanr.

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 oi.‘ telony.

A misdemeanor is an act committed or omitted in violation of a public law either forbidding or commanding it This general definition. how- ever. comprehenda both "crimes" and "misdemeanors." which, properly speaking, are mere synonymous terms; though, in common usage, the word ‘‘crimes’' is made to denote such orfenses as are of a deeper and more atrocious dye: while srnalier faults and omissions of less consequence are comprised under the milder term of “misdemeanors" only. In the English law. “misdemeanor” is generally used in contra- distinction to “felony ;" and misdemeanors comprehend ail indictable offenses which do not amount to felony, as libels. conspiracies. attempts, and solicitations to commit felonies, etc. Brown. And see People v. Upson. 79 Hun. S7. 29 N. Y. Supp. 615: In re Berzin, 31 Wis. 386; Kelly v. People, 132 Ill. 2-1 N. E. 56: State v. Hunter. 67 Ala. 8'3; Walsh v. People, (‘>5 Iii. 65, 16 Am. Rep. 569.

IVLISDI-ISCRIPTION. An error or falsity in the description of the suhject-matter ot a contract which deceives one of the parties to his injury, or is misleading in a material or substantial point.

MISDIRECTION. In practice. An error 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 hetter than the demandanfs. he is said to join the mice on the mere right.

Also expenses; costs; disbursements in an action.

—Mise-money. Money paid by way of contracl, or composition to purchase any liberty, ctc. Blonnt

Miser: est sex-Vitus, 11111 1115 est vagum ant incertnm. It is a wretched state of slavery which subsists where the law 1s vague or uncertain. 4 Inst. 2-15; Broom, Max. 150.

MISERABILE DEPOSITUM. Lat. In the civil law. The name of an involuntary deposit. made under pressing necessity; as. for instance, shipmeck, fire, or other inevitable calamity. Poth. Proc. Civlle, pt. 5, c. 1, E 1: Code La. 2935.

MISERERE. The name and first word

of one of the penitential psalms, being that