misreturn

The return of a process or other document that was done improperly.

The certiorari for bringing the trial into the superior court of criminal jurisprudence, it was contended had not been directed to the person who had the prisoner in custody – it was also argued, that there had been a misreturn, and a discontinuance of the prosecution, which rendered the procedure on it by the Judges illegal.

If a venire is awarded to the coroners, and returned by two of them only, whereas at the time of the award and return thereof there were two more, this is only a misreturn, and aided.

To return improperly.

So it seems that any other error in the process against jurors, will occasion a mistrial as much as those which are termed discontinuances; ( a ) as where an improper process ( b ) is awarded, where it is directed to a wrong officer, ( c ) has a wrong ( d ) venire, misrecites former ( e ) process, is misreturned or not returned ( f ) at all.

In each case inquiry of the strictest kind was set on foot, and where possible, the individual whose religion had been alleged to have been misreturned was interrogated by the enumerators upon the part of the Commissioners.