False

Not true; as, false pre-
tences; unjust, unlawful, as, fulso im-
prisonment. This word is frequently
used in composition.

False im tkisonmkxt, torts. Any
intentional detention of the person of
another, not authorised by law, is false
imprisonment. 1 Bald. 571 ; U N. II.
Hep. 491 ; 2 Brev. K. 157. It is any
illegal imprisonment, without any pro-
cess whatever, or under colour of pro-
cess wholly illegal, without regard to
any question whether any crime has
been committed, or a debt due. 1
Chit. Pr. 48 ; 5 Verm. 588 ; 5 Black f.
40 ; 3 Wend. 350 ; 5 Wend. 298 ; 9
John. 117 ; 1 A. K. Marsh. 345; Kir-
by, 05 ; Hardin, 249.

2. — Tho remedy is, in order to be
restored to liberty, by writ of Jm/jcos
corpus; and to recover damages for
the injury, by action of trespass vi et
urmis. To punish tho wrong done to
the public, by tho false imprisonment
of an individual, the offender may be
indicted. 4 Bl. Com. 218, 219; 2
Burr. 993. Vido Bac. Ab. Trespass,
D 3; Dane’s Ab. Index, h. t. Vide
O N. II. Rep. 491 ; 2 Brev. R. 157 ;
Mnlu: ions Prosecution ; Regular awl
Irregular Process.

False judgment, Eng. law. Tho
name of a writ which lies when a false
judgment has been given in tho county
court, court baron, or other courts not
of record. F. N. B. 17, 18.

False pretences, criminal law,
false representations and statements,
made with a fraudulent design, to ob-
tain “ money, goods, wares and mer-
chandise,” with intent to cheat.

2. — This subject may be considered

under the following heads: 1, The

nature of the false pretence ; 2, what
must be obtained ; 3, the intent.

3. — 1. When the false pretence is
such as to impose upon a person of or-
dinary caution, it will doubtless be suf-
ficient. 11 Wend. R. 557; but al-
though it may be difficult to restrain
false pretences to such as an ordinarily
prudent man may avoid, yet it is not

every absurd or irrational pretence
which will be sufficient. 2 East, I*. C.
828. it is not necessary that all the
pretences should lx? false, if one of
them, per sc, is sufficient to constitute
the otlence. 14 Wend. 517. And
although other circumstances may
have induced tho credit, or the delivery
of the property, yet it will be sufficient
if the false pretences had such an in-
fluence that, without them, the credit
would not have boon given, or the pro-
perty delivered. 11 Wend. R. 557;
14 Wend. R. 517 ; 13 Wend. Rep. 87.
The false pretences must have l>oen
used before the contract was completed.
14 Wend. Rep. 540; 13 Wend. Rep.
311. In North Carolina, tho cheat
must be effected by means of some
token or (also contrivance adapted to
impose on an ordinary mind. 3 1 lawks,
R. 620; 4 Pick. R. 178.

4. — 2. The wording of the statutes
of the several states on this subject is
not the same, ns to the acts which are
indictable. In Massachusetts, the in-
tent must l»e to obtain “ money, goods,
wares, merchandise, or other things.”
Stat. of 1815, c. 136. In New York,
the words are “ money, goods, or chat-
tels, or other ettects.” Under this sta-
tute it has been holden that obtaining a
signature to a note, 13 Wend. R. 87,
or an indorsement on a promissory
note, 9 Wend. Rep. 190, fell within the
spirit of the statute ; and that where
credit was obtained by false pretence,
it was also within the statute. 12
John. R. 292.

5. — 3. There must lie an intent to
cheat or defraud some person. Russ.
& Ry. 317 ; 1 Stark. Rep, 396. This
may be inferred from a false represent-
ation. 13 Wend. R. 87. The intent
is all that is requisite ; it is not neces-
sary that the party defrauded should
sustain an v loss. 11 Wend. R. 18 ;

1 Carr. & Marsh. 516, 537.

False return. A return made by
the sheriff, or other ministerial officer,
to a writ, in which is stated a fact con-
trary to the truth, and injurious to ono
of the parties or some one having an
interest in it.

556

FAL

FAM

2. — In this case the officer is liable
for damages to the party injured. 2
Esp. Cas. 475. See Falso relurno bre-
vium.

False token, is a false document or
sign of the existence of a fact, in gene-
ral used for the purpose of fraud.
Vide Token, and 2 Stark. Ev. 563.

FALSEHOOD is a wilful actor de-
claration contrary to truth. It U com-
mitted either by the wilful act of the
party, or by dissimulation, or by words.
It is wilful when the owner of a thing
sella it twice, by different contracts to
different individuals, unknown to them ;
for in this the seller must wilfully de-
clare the thing is his own, when he
knows that it is not so. It is commit-
ted by dissimulation when a creditor
has an understanding with his former
debtor, sells the lana of the latter, al-
though he has been paid the debt which
was due to him.

2. — Falsehood by word is commit-
ted when a witness swears to what he
knows not to be true. Falsehood is
usually attendant on crime. Roscoc,
Cr. Ev. 362.

3. — A slander must be false to enti-
tle the plaintiff to recover damages.
But whether a libel be true or false the
writer or publisher may be indicted for
it. Bui. N. P. 9; Selw. N. P. 1047,
note 6 ; 5 Co. 125; Hawk. B. 1, c.
73, s. 6. Vide Dig. 48, 10, 31 ; lb.
22, 6, 2 ; Code, 9, 22, 20.

4. — It is a general rule that if a
witness testifies falsely as to any one
material fact, the whole of his testimo-
ny must l)e rejected ; but still the jury
may consider whether the wrong state-
ment be of such character, as to entitle
the witness to be believed in other re-
spects. 5 Shepl. U. 267.

TO FALSIFY, crim. law , is to
prove a thing to lx? false ; ns, “ to fals-
ify a record,” Tech. Diet. ; Co. Litt.
104 b. To alter or make false a re-
cord. This is punishable at common
law. Vide Forgery.

2. — By the act of Congress of April
30, 1790, s. 15, 1 Story’s L. U. S.86,
it is enacted, that if any person shall
feloniously steal, take away, alter, fals-

ify, or otherwise avoid, any record,
writ, process, or other proceedings in
any of the courts of the United States,
by means whereof any judgment shall
be reversed, made void, or not take ef-
fect, or if any |>crson shall acknow-
I ledge, or procure to be acknowledged,
in any of the courts aforesaid, any re-
cognizance, bail, or judgment, in the
name or names of any other |>erson or
! persons not privy or consenting to the
same, every such person, or persons,
on conviction thereof, shall be fined
not exceeding five thousand dollars, or
1x5 imprisoned not exceeding seven
years, and Ik; whipped not exceeding
thirty-nine stripes. Provided neverthe-
less, that this act shall not extend to the
acknowledgment of any judgment or
judgments by any attorney or attor-
neys, duly admitted, for any person or
persons against whom any such judg-
ment or judgments shall be had or
given.

To falsify, chancery practice.
When a bill to open an account has
( been filed, the plaintiff' is sometimes
allowed to surcharge and falsify such
account ; and if any thing has l>cen in-
serted that is a wrong charge, he is at
liberty to show it, and that is a falsifi-
cation. 2 Vcs. 565 ; 11 Wheat. 237.

I Sec Account stater/ ; Surcharge.

FALSO RETORNO BREVIUM,
old English law. The name of a writ
which might have been sued out against
a sheriff', for falsely returning writs.

| Cunn. Diet.

FAMILY, domestic relations , in a
limited sense signifies the father, mo-
ther, and children. In a more exten-
sive sense it comprehends all the indi-
viduals who live under the authority of
another, and includes the servants of
the family. It is also employed to sig-
nify all the relations who descend from
a common ancestor, or who spring
from a common root. Louis. Code,
art. 3522, No. 16 ; 9 Ves. 323.

2. — In the construction of wills, tho
word family, when applied to personal
property is synonymous with kindred ,
or relations. It may, nevertheless, be
| confined to particular relations by the

FAM

FAR

557

context of the will, or may be cnlnrgcd
by it, so that the expression may in
some cases mean children, or next of
kin, and in others may even include I
relations by marriage. 1 Rop. on
Log. 115; 1 Hov. Supp. 305, notes 6
and 7, to Drown v. Higgs, 4 Ves. 708 ;

2 Ves. jr. 110; 3 East, Rep. 172; 5
Ves. 156; 17 Ves. 255; 5 M. & S.
126. Vide article Legatee. See Dig.
lib. 50, t. 10, 1. 195, s. 2.

Family arrangements. This
term has been used to signify an agree-
ment made between a lather and his
son, or between brothers, to dispose of
property in a difierent manner to that
which would otherwise take place.

2. — In these cases frequently the
mere relation of the parties will give I
effect to bargains otherwise without ad-
equate consideration. 1 Chit. Pr. 67 ;

1 Turn. & Russ. 13.

Family hihle, is a Bible containing
an account of the births, marriages,
and deaths of the members of a family.

2. — An entry by a father made in a
Bible stating that Peter his eldest son
was born in lawful wedlock of Maria
his wife, at a time specified, is evidence
to prove the legitimacy of Peter. 4
Carnpb. 401. But the entry, in order
to tie evidence, must be an original en-
try, and, when it is not so, the lass of
the original must be proved before the
copy can be received. 0 Scrg. &
Rawlc, 135. Sec 10 Watts, R. 82.

Family expenses. The sum which
it costs a man to maintain a family.

2. — Merchants and traders who de-
sire to exhibit the true state of their
affairs in their books, keep an exact
account of family expenses, which in
case of failure is very important, and
at all times proper.

Family meetings, or family coun-
cil, in Louisiana, arc meetings of at
least five relations, or in default of re-
lations of minors or other persons on
whose interest they are called upon to
deliberate, then of the friends of such
minors or other persons.

2. — The appointment of the mem-
bers of the fumily meeting is made by
the judge. The relations or friends |

must be selected from among those do-
miciliated in the parish in which the
meeting is held ; the relations are se-
lected according to their proximity, lie-
ginning with the nearest. The rela-
tion is preferred to the connection in
the same degree, nnd among relations
of the same degree, the eldest is pre-
ferred. The under-tutor must also bo
present. 0 N. S. 455.

3. — The family meeting is held be-
fore a justice of the peace or notary
public, appointed by the judge for the
purpose. It is called for n fixed day
and hour, by citations delivered at least
three days before the day appointed for
the purpose.

4. — The members of the family meet-
ing, before commencing their delibe-
rations, take an oath before the officer
before whom the meeting is held, to
give their advice according to the liest
of their knowledge, touching the inte-
rests of the jierson on whom they are
called upon to deliberate. The officer
before whom the family meeting is held,
must make a particular proet'ss-verbal
of the deliberations, cause the mem-
bers of the family meeting to sign it,
if they know how to sign, sign it him-
self, and deliver a copy to the parties
that they may have it homologated.
Civil Code of Louis. B. 1, tit. 8, c. 1,
s. 0, art. 305 to 311; Code Civ. B.
1, tit. 10, c. 2, s. 4.