KFLCC Kingdom Law 2nd Ed.

FALSE

481

FALSIFYING A RECORD

feigned, simulated, or fabricated fact; a fact not founded in truth, but existing only in as sertion: the deceitful semblance of a fact.— False imprisonment. See IMPRISONMENT.— False instrument. A counterfeit; one made in the similitude of a genuine instrument and purporting on its face to be such. U. S. v. Howell, 11 Wall. 435, 20 L. Ed. 195; U. S. v. Owens (C. G.) 37 Fed. 115; State v. Willson, 28 Minn. 52, 9 N. W. 28.— False judgment. In old English law. A writ which lay when a false judgment had been pronounced in a court not of record, as a coun ty court, court baron, etc. Fitzh. Nat. Brev. 17, 18. In old French law. The defeated party in a suit had the privilege of accusing the judg es of pronouncing a false or corrupt judgment, whereupon the issue was determined by his challenging them to the combat or duellum. This was called the "appeal of false judgment." Montesq. Esprit des Lois, liv. 28, c. 27.— False Latin. When law proceedings were written in Latin, if a word were significant though not good Latin, yet an indictment, declaration, or fine should not be made void by it; but if the word were not Latin, nor allowed by the law, and it were in a material point, it made the whole vicious. (5 Coke, 121; 2 Nels. 830.) Wharton.— False lights and signals. Lights and signals falsely and maliciously displayed for the purpose of bringing a vessel into dan ger.— False news. Spreading false news, whereby discord may grow between the queen of England and her people, or the great men of the realm, or which may produce other mis chiefs, still seems to be a misdemeanor, under St. 3 Edw. I. c. 34. Steph. Cr. Dig. § 95.— False oath. See PERJURY.— False persona tion. The criminal offense of falsely represent ing some other person andacting in the charac ter thus unlawfully assumed, in order to de ceive others, and thereby gain some profit or advantage, or enjoy some right or privilege be longing to the one so personated, or subject him to some expense, charge, or liability. See 4 Steph. Comm. 181, 290.— False plea. See SHAM PLEA.— False pretenses. In criminal law. False representations and statements, made with a fraudulent design to obtain money, goods, wares, or merchandise, with intent to cheat. 2 Bouv. Inst. no. 2308. A representation of some fact or circumstance, calculated to mis lead, which is not true. Com. v. Drew, 19 Pick. (Mass.) 184; State v. Grant, 86 Iowa, 216, 53 N. W. 120. False statements or repre sentations made with intent to defraud, for the purpose of obtaining money or property. A pretense is the holding out or offering to otn ers something false and feigned. This may be done either by words or actions, which amount to false representations. In fact, false repre sentations are inseparable from the idea of a pretense. Without a representation which is false there can be no pretense. State v. Joa quin, 43 Iowa, 132.— False representation. See FBATJD; DECEIT,— False return. See RETURN.— False swearing. The misdemean or committed in English law by a person who swears falsely before any person authorized to administer an oath upon a matter of public concern, under such circumstances that the false swearing would have amounted to per jury if committed in a judicial proceeding; as where a person makes a false affidavit under the bills of sale acts. Steph. Cr. Dig. p. 84. And see O'Bryan v. State, 27 Tex. App. 339, 11 S. W. 443.— False token. In criminal law. A false document or sign of the existence of a fact, used with intent to defraud, for the pur pose of obtaining money or property. State v. Renick, 33 Or. 584, 56 Pac. 275, 44 L. R. A. 266, 72 Am. St. Rep. 758; People v. Stone, 9 Wend. (N. T.) 188.— False verdict. See VERDICT.— False weights. False weights and measures are such as do not comply with the standard prescribed by the state or govern ment, or with the custom prevailing in the

place and business in which they are used. Pen. Code Cal. 1903, f 552; Pen.Code Idaho, 1901, § 5003. In Spanish law. Falsity; an alteration of the truth. Las Partidas, pt. 3, tit. 26, 1. 1. Deception; fraud. Id.pt. 3, tit. 32, 1. 21. A statement or assertion known to be untrue, and intended to deceive. A willful act or declaration contrary to the truth. Putnam v. Osgood, 51 N. H. 207. In Scotch law. A fraudulent imitation or suppression of truth, to the prejudice of another. Bell. "Something used and pub lished falsely." An old Scottish nomen juris. "Falsehood is undoubtedly a nom inate crime, so much so that Sir George Mac kenzie and our older lawyers used no other term for the falsification of writs, and the name 'forgery' has been of modern intro-' duction." "If there is any distinction to be made between 'forgery' and 'falsehood,' I would consider the latter to be more com prehensive than the former." 2 Broun, 77, 78. Fraudulent * suborna tion or concealment, with design to darken or hide the truth, and make things appear otherwise than they are. It is committed (1) by words, as when a witness swears falsely; (2) by writing, as when a person antedates a contract; (3) by deed, as sell ing by false weights and measures. Whar ton. See CRIMEN FALSI. In equity practice. The showing an item in the debit of an ac count to be either wholly false or in some part erroneous. 1 Story, Eq. Jur. §525. And see Phillips v. Belden, 2 Edw. Ch. 23; Pit v. .Cholmondeley, 2 Ves. Sr. 565; Kennedy v. Adickes, 37 S. C. 174, 15 S. E. 922; Tate v.* Gairdner, 119 Ga. 133, 46 S. E. 73. To disprove; to prove to be false or-erroneous; to avoid or defeat; spok en of verdicts, appeals, etc. To counterfeit or forge; to make some thing false; to give a false appealance to anything. In equity practice. To show, in account ing before a master in chancery, that a charge has Been inserted which is wrong; that is, either wholly false or in some part erroneous. Pull. Accts. 162; 1 Story, Eq. Jur. § 525. See FALSIFICATION. A high of fense against public justice, punishable in England by 24 & 25 Vict. c. 98, §§ 27, 28, and in the United States, generally, by stat ute. FALSEDAD. FALSEHOOD. FALSI CRIMEN. FALSIFICATION. FALSIFY*. FALSIFYING A RECORD.

BL.LAW DICT.(2D ED.)—31