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词条 High misdemeanor
释义

  1. Examples in English Law

  2. References

  3. Notes

  4. See also

High Misdemeanor is an archaic term in English Law for a number of positive misprisions, neglects and contempts. A good example of this is treason. The most important example may be that of maladministration in high office.

Examples in English Law

A number of United Kingdom Statutes refer to particular crimes as being high misdemeanors:

  • Discharging or aiming firearms, or throwing or using any offensive matter or weapon, with intent to injure or alarm the Sovereign {{ref|ta1842}}
  • Where a Roman Catholic advises the Crown on the appointment to offices of the Established Church {{ref|rca1829}}
  • Where a Jew advises the Crown on the appointment to offices of the Churches of England, Ireland and Scotland {{ref|jra1848}}

Blackstone describes a number of offences as being high misdemeanors, for example:

  • treasonable words
  • receiving stolen goods
  • prison break
  • maladministration of high office
  • firing of one's house in a town

A number of statutory references to high misdemeanors have subsequently been repealed, including:

  • The conviction of a Returning officer for corrupt practices during an election to the Parliament of Ireland {{ref|pei}}

References

  • Halsbury's Laws of England
  • Blackstone's Commentaries on the Laws of England

Notes

  • {{note|ta1842}} Section 2, Treason Act 1842
  • {{note|rca1829}} Section 18, Roman Catholic Relief Act 1829
  • {{note|jra1848}} Section 4, Jews Relief Act 1858
  • {{note|pei}} Section 25, Parliamentary Elections (Ireland) Act 1820 and Section 75, Parliamentary Elections (Ireland) Act 1823

See also

  • High crimes and misdemeanours

1 : English law

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