Mispiiision

2 1.

Formerly, any dereliction or ofi Eense which had no distinctive name.' Any such high offense as is under the degree of capital, but nearly bordering thereon; is contained in every act of treason and in every felony.* Negative misprision. The concealment of something which ought to be revealed.

Positive misprision

The commission of something which ought not to be done. The concealment of treason, of a felony, or of treasure-trove, were examples of negative misprisions. Positive misprisions included all contempts and high misdemeanors: as, the maladministration of officers in public employment, embezzling public money; contempts of the executive department: as, refusing to advise in public councils, refusing to help defend the realm, neglecting to join the posse comitatus, disobeying any lawful command; contempts against the king's person and government: as, spea Mng against them, wishing them ill, acts lessening them in esteem; contempts against the king's title not amounting to treason or prcemunire: as, denying his right to the crown in common discourse; also, contempts against the courts of justice.* 3. Misapprehension of duty; a clerical error, by an inferior judicial ofl Bcer. " The omission of the clerk to enter on the record the judgment upon the demurrer, or to state its waiver, if it was abandoned, would be merely a clerical mistake; and it is well settled at common law that a misprision by a clerk, if the case be clearly that alone, though it consists of the omission of an important expression, is not ground to reverse a judgment, where substance enough appears to show that all that was required was properly done." * " Inasmuch as the statute provides what judgment shall be rendered on joint debts where only one party is served, this [the entry of ' defendant ' for ' def endants '] is a mere clerical misprision." • See Recobd, Judicial.