Page:Black's Law Dictionary (Second Edition).djvu/489

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feigned. simulated, or fabricated fact: a fact not founded in truth, but existing only in as- Icrtiun; the deceitful semblance of a fact.— False imprisonment. See I.iu.rI:1soNiuEN1.— False instrument. A counterfeit: one made In the simllitude of a genuine instrument and purporting on its face to be such U. S. V. lltmell. 11 Wall. %, 20 L Ed. 1 U


s. v. Owens (0. 0.) 37 Fed.’ 115; State vi Wiiisnu, 28 Minn. F2, 9 N. W. .—l‘nIs_e judgment. in old English l'iW. A writ

which lav when a false judgment had been pronounced in a court not of record, as ii. rounty court. court baron, etc. Fitzh. Nat. P-rev. IT, 18. La old French law. The rlcfeutcd party in a suit had the privilege of accusing: the judg- es‘ of pronouncing a false or corrupt judgment. whereupon the issue was determined h_\' his cliaiicnging them to the combat or dueflum. This was tailed the "appeal of false judgment." iiontcsq. Esprit l’lPS Lois. a 28, c. 27.—I‘aIse Latin. When law proceedinss were written in Latin if a word were si,-;-mficsnt tli0u_;b not good Latin. yet an indictment. declaration, or fine should not be made void by it; but if the word were not Iatln, nor allowed by the law,

and it were in a material ‘point, made the whole vicious. (ii Woke. 1- 2 Nels. $0.) Wharton.—I‘a.lse lights and 911315. Lights

and signals falsely and lilaliclfrllfilv displayed for the purpose of hi-in-ring a irssni into dan-

ilse news. \])reflflin‘)" false news.

wlicrelw discord may grow between the queen of England and her people, or the great men of the realm, or which may produce other mis- -rliiets, still seems to be a misdemcimor, under St. 3 Edw. I. c. 34. Steph. Cr. Dig. 5 95.- Fiiise oath. See PanJUar.—l‘s.1se personation. The criminal offense of faiseiv reprcscntiag some other person and acting in the charm: ter thus unlawfully nfiumed. In order to deceive 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 Stcph. Comm. 181. 2:i0.—l‘aIse plea. See Suau PLEA.—I‘ pretenses. In criminal law. False representations and statements, made with a fraudulent design to obtain mnnev, goods. wares, or merchandise, with intent to cheat. 2 Bouv. Inst. no. 2308 representation of some fact or circumstance, calculated to mislead, which is not true. Com. v. Draw, 19 Pick. (i\lnss.) 184: State v. Grant. 86 Iowa, 216. 53 l\. W. 120. also statements or representntions made with intent to defraud, for the purpose of ohtaining money or prope V. A pretense is the hoiding out or oifering to o‘ - as something false and feigned. This may be done either by words or actions, which amount to fiuise representations. In fact. false representations are inseparable from the idea of a retonse. Without a representation which is alse there can be no pretense. Smte v. Joa- guin. 43 Iowa, 132.—I‘n1se representation. .~ee FRAUD: D1-rcsrr.-—l‘alse return. See RuTun:v.—False swearing. '

The misdemean- or rommittcd in English law by a person who swesrs falsely before any person authorized to administer an oath upon a matter of public concern, under such circumstances that the false swearing would have amniintcd to per- jury it committed in a judicial pl"0lEPllll},'-.’: as where a person makes a lse nfiidavit under the biils of sale acts. Stcpli. (“r. DIE. p. 84. And sec O"Rryan v. State. 27 Tex. App. ."3"i, 11 S. W. -1-13.—l‘aIse taken. In criminal law. A false document or sign of the existence of a fact, used with intent to defraud, for the purpose of obtaining money or pro PI'i.'V. Etnrtie

i. Tlenick. 33 Or. 53-1. 56 Pac. ..i.:. . . - Elli}. 72 Am. St. Rep “$9: People v. Stone, “’ond I’\'. Y.) 188.— alse verdict. See

VEiI.DlC'l‘.—I‘n1se weights. False weights and measures are such as do not comply with the standard prescribed by the state or government or with the custom prevailing in the

Bl.Law Dict.(2d Ed.)—51



place and business in which they are used. Pcn. Code Cal. 1903, I 552; Pen Code Idaho, i901. § 5063.

FALSEDAD. In Spanish law. Falsify; an alteration of the truth. Lzis Partldas. pt. 3, tit. 26, l. 1.

Deception; fraud. Id. pt. 3, tit 32, i. 21.

FALSEHOOD. A statement or assertion known to be untrue, and intended to deceive. A willful act or declaration contrary in (lit-‘ 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 jui-is-. “Falsehood is un(lonhtedl_v a nominate crime. so much so that Sir George lilac- kenzie and our older lawyers used no other term for the falsification of writs, and the name ‘forgery’ has been of modern intro- duction." “It there is any distinction to he made between ‘forgery’ and ‘falsehood.’ 1 would consider the latter to be more Comprehensive than the former." 2 Broun, 77, 78

FALSI CRIMEN. Fraudulent subornation or concealment, with design to (iarlsen or hide the truth, and make things appear otheruise than they are. it is committed (1) by words, as when a witness swears falsely: (2) by writing, as when a person nntedates a contract; (3) by deed, as soiling by talse weights and measures. Wharton. See Cancun FALSI.

FALSIFICATION. In equity practice. The showing an item in the debit of an account to be either wholly false or in some part erroneous. 1 Story. F.q..lur.§.’i2.‘i. And see Phillips V Beldcn, 2 Ezlw. Ch. 23; Pit V. Choimondeley, 2 Ves. Sr. 56%: Kennedy V. Adickes, 37 S. C. 174, 15 S. E. 922; Tate V Gairdner, 119 Ga 133, 46 S. E. 73.

FALSIFY. To disprove; to prove to be false or erroneous; to avoid or deteat; spok- en 01! Verd_l(-ts, appeals, etc.

To counterfeit or torge; to make some thing false: to give a false appeaizince to anything.

In equity practice. Toshow,in accounting before a master in cl)-uirery, that a charge has been inserted which is wiong: that is, either Wholly false or in some part erroneous. Pull. Accts l62; 1 Story, Eq. Jur. § 525. See FALSIFICATION.

PALSIFYING A RECORD. A high offense against public justice. punishable i.n Engiaud by 24 8: 25 Vict. c. 93. §§ 27. 2 , and in the United States, generally, by statute.