misdemeanor

This term 'misdemeanor' has been generally understood to mean the lower grade of criminal offense as distinguished from a felony. It is true that the term has often been used in the statutes of the United States without strict regard to its common-law meaning, and sometimes to describe offenses of a high grade, which have been declared in the statutes to be misdemeanors.

Every offense inferior to felony. See "Felony." MISE (Lat. mittere, through the French mettre, to place). In Pleading. The issue in a writ ot right. The tenant in a writ of right is said to "join the mise on the mere right" when he pleads that his title is better than the demandant's. 2 Wm. Saund. 45h, 45i. It was equivalent to the general issue; and everything except collateral warranty might be given in evidence under it by the tenant. Booth, Real Actions, 98, 114; 3 Wils. 420; 7 Wheat. (U. S.) 31; 3 Pet. (U.S.) 133; 7 Cow. (N. y.) 52; 10 Grat. (Va.) 350. The payee in aid, on coming into court, joined in the mise together with the tenant. 2 Wm. Saund. 45d, note. It was the more common practice, however, for the demandant to traverse the tenant's plea when the cause could be tried by a common jury instead of the grand assize. In Practice. Expenses. It is so commonly used in the entries of judgments, in personal actions; as, when the plaintiff recovers, the judgment is quod recuperet damna Sim, that he recovers his damages, and pro mises et etistagiis, for costs and charges, so much, etc.

A term used to express every offence inferior to felony, punishable by Indictment, or by particular prescribed proceedings.

In its usual acceptation, it is applied to all those crimes and offences for which the law has not provided a particular name. It has a common-law, a parliamentary, and a.popular sense.

In a parliamentary sense, as applied to officers, it means maladministration or misconduct, not necessarily indictable. Demeanor is conduct, and misdemeanor is misconduct, in the business of one’s office. It most be in matters of importance, and be of a character to show a wilful disregard of duty; 6 Amer. Law Reg. (N. S.) 649; State v. Hastings, 37 Neb. 96, 56 N. W. 774. The test whether or not a certain crime in the books, bnt whether It injuriously affects the public policy and economy; Com. V. Mc Hale, 97 Pa. 897, 39 Am. Rep. 808, followed in Com. V. Randolph, 146 Pa. 83, 23 Atl. 388, 28 Am. St. Rep. 782, where it Was held that a solicitation to commit murder meets this test. The word is generally used in contradistinction to felony; misdemeanors comprehending all indictable offences which do not amount to felony, as perjury, battery, libels, conspiracies, and public nuisances, but not including a multitude of offences over which ma^strates have an exclusive summary Jurisdiction, for a brief designation of which our legal nomenclature is at fault. Misdemeanors have sometimes been called m^prlslons. See 1 Blsl Vi Cr. L. § 624. See Felony; Crime; Meroeh. Military law makes no distinction between felony and misdemeanor.

Incriminal law. A general name for criminal offenses of every sort, punishable by indictment or special proceedings, which do not in luw 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 adeeper and mre atrocious dye; while smaller faults and omissions of Jess consequence are comprised under the milder term of “misdemeanors” only. In the English law, “misdemeanor” is generally usedin contradistinction to“felony; "and misdemeanors comprehend all indictable offenses which do not amount to felony, as libels, conspir acies, attempts, and solicitations to commit felonies, etc. Brown.

1. Misconduct; misbehavior, not amounting to a crime, in discharging the duties of a public office. As, in a statute enacting that whenever a sheriff shall have been guilty of any default or misdemeanor in office, the party aggrieved may apply to a court for leave to prosecute his official bond.* Compare Misconduct. 3. Any indictable offense under the grade of felony.3 Vrhere a municipal ordinance prohibits an act not punishable at common law or by statute, and provides, as a penalty, a fine, and, in default of payment thereof, imprisonment in the county jail, the violation of such ordinance is not a misdemeanor under a statute defining a misdemeanor to be " an act or omission punishable by fine and imprisonment or by fine or imprisonment." * The prgvision in the Constitution that " the trial of all crioies, except in cases of impeachment, shall be hy jury," construed in the light of theprinciples of the common law, embraces not only felonies punishable by confinement in the penitentiary, but also some classes of misdemeanors the punishment of whichjnay involve deprivation of liberty. The word "crime," in its more extended sense, comprehends every violation of public law; in a limited sense, it embraces offenses of a serious or atrocious character.* Misdemeanant. A person convicted of 'a misdemeauor. (Rare.) See further Crime; IF'elony.

An indictable offence not amounting to felony. Mise./r. 1. Expenses, costs. 2. The issue in a writ of right, the

In a general sense, any punishable act; but the word is most used to designate the less aggrarvated crimes; offences punishable by indictment, but not amounting to felony. Except within jurisdictions where a statutory definition of "misdemeanor" has been given, it cannot be said to be used with exactness or precision. The expressions high crimes and misdemeanors, felonies and misdemeanors, are in common use, as embracing all offences, and indicating a general division into such as are of graver enormity and such as are of lighter criminality; but the line of division must be sought in the statute of the jurisdiction. Otherwise, the use of the term is far from uniform. Blackstone says that crime and misdemeanor are properly synonymous terms, though, in common usage, the word crimes is commonly used to distinguish such as are of deeper dye. (4 Bl. Com. 5, note.) Chitty says that misdemeanor means every offence inferior to felony, but punishable by indictment, or by particular described proceedings. (1 Chitt. Gen. Pr. 14.) Jacob says that it is generally used in contradistinction to felony, and comprehends all indictable offences which do not amount to felony; and that Chief Justice Savage, of New York, defined it as the antithesis of felony, and as including every offence below felony punished by indictment (Matter of Clark, 9 Wend. 212, 222; Sonu. People, 12 Wend. 314); but this was said under statutory definitions of the state. The revised statutes of New York (1828-80) divided crimes into felonies and misdemeanors; defined felony as any crime which is, or may be, punishable with death, or by imprisonment in a state prison; and declared every other crime to be a misdemeanor. This system enabled the legislature to use the term misdemeanor as distinguishing a division of offences; and it has been constantly so used in the legislation of the state. Substantially the same division has been adopted in several other states. In acts of congress, " misdemeanor " has been but seldom used, and to assign a precise meaning to it would be difficult. See Felony. As a technical term, the word is practically useless, for want of a precise signification, except within jurisdictions like New York, where the legislature has aflixed a definition to it, and has prescribed, by some general enactment, a certain measure of punishment for all misdemeanors for which no special penalty is declared. Where this is done, subsequent legislatures may declare various acts or neglects to be misdemeanors, without restating the punishment in each enactment; and this becomes a convenient system for legislating upon lesser offences. Under such a system, the word becomes exceedingly useful and important. Misdemeanor is a species of crime or offence comprehending all breaches of public law less than felony, as perjury, libels, conspiracies, assaults, &c., which are not so atrocious as murder, burglary, arson, &c., which are felonies. Wharton. 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 offences as are of a deeper and more atrocious dye; while smaller faults and omissions of less conse- "misdemeanor " is generally used in contradistinction to felony; and misdemeanors comprehend all indictable offences which do not amount to felony, as libels, conspiracies, attempts and solicitations to commit felonies, &c. Brown. The punishment of a misdemeanor at common law was by fine and imprisonment, at the discretion of the court; and this is the law at the present day, in cases to which no statutory enactment applies. But the misdemeanors most frequently committed are punishable with hard labor, under various statutes, and, in many cases, with penal servitude, for terms specified in the acts relating to them. The distinction between misdemeanor and felony is now in great measure unmeaning; but it is not yet entirely obsolete. Larceny, for instance, is a felony, and obtaining goods by false pretences is a misdemeanor, although the punishment attached to each is the same. Moztey ^ W. The word misdemeanor, as used in the act of 1860, eh. 196, does not denote a criminal offence, but refers to a trespass done by a sheriff in his official capacity. State V. Mann, 21 Wis. 684.