Page:The New International Encyclopædia 1st ed. v. 13.djvu/658

* MISHNA. 586 MISREPRESENTATION. sixth century, wlicn the Jlishna and the Gcmara were brought toj,'olher in a final compihition known as the Talmud. The Mishna, to which again there are "apocryphal' supplements known as Toseftas (additions) and Baraitlias (extras), ■nas finally redacted, after .some earlier incom- plete collections bj- Rabbi Jehudah, called Han- asi (C.200 ..D.), at Til)erias. It is mostly written in pure Hebrew, and is ilivided into six portions (Sedarira) : (1) Zeraim (seed.s), on benedic- tions. agrieuUure, tithes, etc. ; (2) !XIoed (feast), on the Sabbath, festivals, and fasts; (3) Xashim (women), on marriage, divorce, etc. (embracing also the laws on the Nazirship and vows) ; (4) Xezikin (damages), chiefly civil and penal laws (also containing the ethical treat- i.se Aboth) ; (5) Kodashim (sacred things), sacri- fices, etc.; description of the Temple of Jeru- .saleni, etc. ; (0) Toharoth (purifications) on pure and impure things and [x-rsons. (See further T.vorri).) An English translation of the Jlishna has been publislied by J. Barclay (London, 187S). MISILMERI, nu''zel-mri'r*. A town in the Province of I'alermo, Sicilv. 10 miles south of Palermo (Jlap: Italy, H 9). The castle, .sit- uated on a hill overlooking the town, commands a magnificent view of the surrounding country. The inhabitants are chiefly engaged in agricul- ture. Population, in 1901 (commune), 12,819. MISIONES, me'sf-o'nas. A territory of Ar- gentina. sitn.Tted at the northeastern end of the republic, between Paraguay and Brazil, and bounded on the southwest bj- the Dep.Trtnent of Corrientes (Map: Argentina. G 9). Its area is estimated at 20.000 square miles. It is watered by numerous small affluents of the Paranfi and the Urugiuiy. and is very densely wooded, only a small portion of its area being under cultivation. Practically the only products are yerha mntf, or Paraguay tea. and cabinet woods, though sugar and tobacco are being more and more cultivated. In the seventeenUi century the Jesuits planted in and around the present territory over thirty missions. With the expulsion of the Jesuits their missions fell into decay. The present popu- lation of the territory is a little over 33.000. The chief town is Posadas on the Paranii, with a population nf about 3000. MISKOLCZ, mish'k.Mts. The capital of the County of Borsod. Hungary, situated in the val- ley of the Szinva, 113 miles by rail northeast of Budapest (Map: Hungary, G 2). It has a thir- teenth-century late Gothic chnreh, a Jlinorite convent, a Protestant gmnasinm and two lower gymnasia, a fine hospital, and a HunL':irinn the- atre. It is lighted by chMtricity ami h;is a fine municipal bath. The trade in wine and agricul- tural products is eonsidirablc. The local manu- factures consist of flour, pottery, ))or<elain and majolica wares, and machinerv. Poptitation. in 1890. 32.2SS: in 1000. 43,090,' chiefly Protestant Mapj'ars. MISNOMER (OF. vtmnomer, mrsnommcr, dialect ii- I'r. ini'nomir, misname, from mcs-, from I,af. viiniin, less -|- nomrr. name, from .at. nriminarr. to name, from vnmrn. name). An error in naming n person in a pleading, deed, or other written instrument. I'mlcr the coinmon- Inw rules of pleading, a party intended as the defend.Tnt in an action can take arlvantnje of a mistake in designating him by an incorrect name by a plea in abatement which simply alleges the error and stall's his true name. However, in Kngland and the common-law jurisdictions in the United States tliis defect may now be cured by amendment if the person so served apjjcars in the action, even though he pleads the misno- mer. Where a person is served with a process in- tended for him but not designating him by his correct name, he may disregard it. and a "valid judgment cannot be entered against him. Under modern codes of procedure the same rules apply, except that if a person is served with a summons incorrectly naming him, and he desires to ap- pear and object, he nuist make .a motion to set aside the service on the grcnmd of mistake. In such a case the plaintill' will be allowed to amend his summons and complaint, usually upon terms, such as the payment of costs. The term misno- mer is less frequently but correctly applied to a mistake in a name in written instruments other •tlian pleadings. iSee l.Ti:i!iMiKTATiox ; Eqihty; Mi.sTAKE: X.4,MES; Pleadi.nu; Wills, etc. MISPICK'EL (Ger.). See Absenopykite. MISPRISION (OF. mesprision, misprison, mistake, from iiicsproidre, to mistake, from mcs-, from Lat. minus, less -f prendre, from Lat. pren- Here, prchendere, to take). In its general sense, a crime under the degree of a c;ipital otTense, but graver than an ordinar)- misdemeanor (q.v.). In the earlv Knglish law it was more frequently emi)loyecl in a negative or passive sense, to de- scribe the omission to ])erforni some important legal duty, as concealment of the treason of others. It also applied to certain ])ositive acts in the nature of contenq)ts against the dignity and peace of the King and his ollicers. Misprision of Irea.son was the most serious olTense to which the term applied, and consisted in the concealment of any knowledge which a jierson might li.ivc of treasonable acts or utterances against the King, and did not necessarily imply that the person was himself otherwise implicated or involved in the crime. It was formerly punishable with for- feiture of goods and imprisoiunent for life, but by statute forfeiture of gooils has been abolished, and i)enal servitude for life remains the statutorj" penalty. Misprision of fi'Iony is concealment of a felony liy one who did not participate in its com- missi<m by act or enomragement. but who has learned of it in some way. It is still an oll'ense in the English law, but is rarely prosecuted. The various acts and omissions, other than the above, which were formerly included in the rather vague term misprision, have been mostly classified with the crimes with which they were associated, under the nanu" of accessory acts. The term misprision is seldom employed in the United .States except in regard to treason, and by an act of Congress misprision of treason is punishable by a fine not exceeding .$1000, and imiuisonment not exceeding seven years. See AfCKssonY : CniMi:. MISREPRESENTATION. An untrue rep- resentation, by words or by conduct. wbi<'li in- duces another to act to his injury. When deliber- ately or recklessly made by one party to a busi- ness trans;iction concerning a matter of fact and relied on by the other party to his damage, it
 * uoounts to fraud (q.v.). and has ben dealt

with fully under that heading and the heading of deceit (q.v.). false representation, if made by an honest mistake, never svibjects the maker to an action in tort. Whether it will afl'nrd the