Misericordia

mercy. An arbitrary or discretionary amercement. To be in mercy, is to be liable to such punishmment as the ’ Judge may in his discretion inflict. 'MISFEASANCE, torts, contracts, is the performance of an act which might lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance, (q. v.) or nonfeasance, (q- v.) Vide generally, 2 Vin. Ab. 35; 2 Kent, Com. 443; Doct. Pl. 62; Story, Bail. § 9. It scems to be settled that there is a distinction between misfeasance and nonfeasance in the case of mandates. In cases of nonfeasance, the mandatory is not generally liable, because his undertaking being gratuitous, there is no consideration to support it, but in cases of misfeasance, the common law gives a remedy for the injury done, and to the extent of that injury.

5 T. R. 143; 4 John. R. 84; Story, Bailm. § 165; 2 Ld. Raym. 909, 919, 920; 2 Johns. Cas. 92; Doct. & Stu. 210; 1 Esp. R. 74.