MISDEMEANOR is a term applied in the law of England to crimes and offences, whether of commission or of omission, less than felony. [FELONY.] At common law, persons convicted upon an indictment [IYDICT MENT] for a misdemeanor are punishable by such fine, or by such term of imprisonment short of imprisonment for life, or by such amount both of fine and imprisonment, as the court before which the offenders are convicted, in its discretion awards. By several statutes special modes of punishment are provided for some particular misdemeanors. But it freqbently happens that even in creating new misdemeanors, the legislature affixes no particular punishment. In such cases, the newly constituted offence is punishable as a misde meanor at common law. Generally, wherever a statute prohibits an set, as a matter of public grievance, or commands an act, as a matter of public convenience, all things done or omitted contrary to the prohibition or command are punishable as misdemeanors at common law ; it being a common-law offence to disobey a statute, even though the act or omission be not attributable to a corrupt motive.
Where a statute, in respect of an offence which was a misdemeanor at common law, provides a mode of proceeding different from that of the ordinary course by indictment, either the• extraordinary or the ordinary mode may be adopted. Thus if a statute give authority to the court of quarter-sessions to make an order respecting some par ticular matter, and prescribes a particular remedy in case of disobedi ence, a party disobeying an order made in pursuance of the statute may be proceeded against either in the mode prescribed by the statute or by indictment. He would be guilty of a misdemeanor at common law, both as having disobeyed a public statute, and as having disobeyed an order made by a court having authority to make such order. Where however a statute has made a matter a felony which before was a mis demeanor only, the offender cannot be indicted for the misdemeanor, as the minor or lower offence is said to be merged, that is drowned or absorbed, in the higher [Mismusiom]; but the statute 14 and 15 Vict., c. 100, s. that if on a trial for misdemeanor, the facts given in evidence amount in Law to felony, the accused is not by reason thereof to be entitled to acquittal ; and no person tried for misdemea nor is liable to be afterwards prosecuted for felony on the same facts, unless the court discharges the jury from giving a verdict, and directs an indictment for felony. Where a statute creates a new offence, by
making unlawful that which was lawful before, and appoints a sum mary mode of proceeding, the specific statutory course must be pur sued, and an indictment will not lie. An act done in contravention of a statute which extends only to private persons, or relates to disputes of a private nature, cannot be made the subject of an indictment ; for no injuries of a mere private nature not in any degree concerning the king, and not accompanied by a breach of the peace, can be made the subject of a criminal prosecution. Nor will an indictment lie for an infraction of the bye-law of a corporation. But under some circum stances an indictment will lie for a personal injury, where the act or omission amounts to a violation of duties incumbent on the party as a member of civil society, as in the case of a parent wilfully omitting to supply proper food to an infant unable to provide for itself. Where a child is put out apprentice by an order of magis trates, the master, if he refuse to provide for the child, may be indicted for disobedience of such order. Any act of wilful negli gence, whereby human life is endangered, is a misdemeanor ; as to put on board a ship a package containing gunpowder, oil of vitriol (sulphuric acid), or other dangerous articles without giving notice of the contents of the package, so as to enable the master of the vessel to use proper precautions in stowing it. Every act done for the purpose of committing either a felony or a misdemeanor, is itself a misdemeanor. By the 14 and 15 Vict., c. 100, s. 9, a person indicted for any misdemeanor may be found guilty of an attempt, and punished accordingly.
As to the former and present course of proceeding upon indictments for misdemeanors, see TRAVERSE.
Where a peer or a commoner is impeached by the House of Com mons for a misdemeanor, the lords spiritual as well as the lords tempo ral are judges. The judgment is pronounced by the lord chancellor, and it is binding though the king dissent from such judgment ; whereas in capital cases the royal assent is necessary, and the judgment is pro nounced by the lord-high-steward. [SrEwean.]