Misprision in United Kingdom

Concept of Misprision

The following is an old definition of Misprision [1], a term which has several meanings:1. Formerly, any dereliction or offense 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, speaking 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

Alternative Meaning

Misapprehension of duty; a clerical error, by an inferior judicial officer. ” 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 ‘ defendants ‘] is a mere clerical misprision.” See Record, Judicial.

Resources

Notes and References

1. Meaning of Misprision provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)