See Arrest, Illegal.

FALSE IMPRISONMENT.

'Imprisonment is the restraint of a man's liberty, whether it be in the open field or in the stocks or cage, in the streets or in a man's own house as well as in the common gaol so long as he hath not

his liberty to go at all times to all places whither he will without bail or mainprise.' Termes de la Ley (1708); approved by C. A., Meering v. Grahame-White, &c. Co., 122 L. T. 44, 1920, where Bird v. Jones, 7 Q. B. 742, 1845, and Warner v. Riddiford, 4 C. B. N. S. 180, 1858, were cited as law. Cf. p. 581. There may be imprisonment without the prisoner knowing it, e.g. if he is asleep: per Atkin L.J.

This common law misdemeanour is punishable by fine and imprisonment. 1 East P. C. 428; Buller N. P. 22 a. A wrongful imprisonment amounts to an assault, which title see, and Hawk. P. C. b. 1, c. 60, s. 7; no violence need be used: in Leslie, 1860, and Buller, above; Linsberg, indictments for false imprisonment included counts for assault, but a count for false imprisonment alone without assault would apparently be good. An imprisonment may, but does not necessarily include a battery. Emmett v. Lyne. Bow Street magistrates and their officers who forcibly detained a known person against whom no charge had been made (though they believed this was about to be done) were convicted: Birnie and others, 5 C. & P. 206, 1832. For naval or military cases, see under Mutiny. For restraint of the person,' see Violence in Index. Triable at Q. S.

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FALSE NEWS.

See Press Offences. Cf. p. 421.

FALSE OATH.

See under Perjury.

FALSE PERSONATION.

Common law] The bare fact of personating another though for the purpose of fraud,' is no more than a cheat or a misdemeanour at common law. 2 East P. C. 1010; 2 Russ. Cri. 1763. In most cases of this kind more than one are concerned in the offence, and the indictment is for conspiracy; very few cases are to be found of prosecutions at common law for false personation. But where the indictment merely charged that defendant personated one A. B., clerk to H. H., justice of the peace, with intent to extort money from several persons in order to procure their discharge from certain misdemeanours, for which they stood committed, the court refused to quash the indictment on motion, but put the defendant to demur. Dupee, 2 Sess. Cas. 11; 2 East P. C. 1010, 1726. 'It might probably have occurred to the court, that this was something more than a bare endeavour to commit a fraud by means of a falsely personating another, for that it was an attempt to pollute public justice.' East, ib.

Personating bail, &c.] By 24-5 V. 98, 34: 'Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall in the name of any other person acknowledge any recognisance or bail, or any cognovit actionem [='a defendant's written confession of an action brought against him, to which he has no available defence,' Wharton Law Lex.] or judgment, or any deed, or other instrument, before any court, judge, or other person lawfully authorised in that behalf, shall be guilty of felony, and being convicted thereof, shall be liable to be kept in penal servitude for any or to be imprisoned.'

term not exceeding seven years

Of soldiers, seamen, &c.] The false personation of soldiers and seamen was made felony by several statutes. Those still in force are, with respect to soldiers: 7 G. 4, 16, 38; 2-3 W. 4, 53, 49; 44-5 V. 57, 36, and 58, 142; and with respect to sailors: 28-9 V. 124, 8, 9. Cf. 16-17 V. 69, 16, and 6 E. 7, 5 (Summary Jurisdiction). Cf. Westhorpe v. Powley, 20 Cox C. C. 747, 1904.

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Where a statute had the words, any officer,' &c., 'entitled, or supposed to be entitled,' &c., it was held for such false personation there must be some evidence to show that there was some person of the name and character assumed, who was either entitled, or might, at least primâ facie, be entitled, to the prize-money in question. Brown, 2 East P. C. 1007, 1800. Where the prisoner was indicted for personating, &c. the name and character of Peter M'Cann, a seaman on board the Tremendous, and it appeared in evidence that there had been a seaman of the name of M'Carn on board the vessel, but no one of the name of M'Cann; the jury expressly finding that he intended to personate M'Carn, the judges held the conviction wrong. Tannet, R. & R. 351, 1818.

The offence is the same, though the seaman personated was dead at the time the offence was committed, and no money was obtained. Martin, R. & R. 324, 1817; Cramp, ib. 327, 1817.

All persons present abetting, &c. the personation of a seaman are guilty within 57 G. 3, 127, rpd. Pott, R. & R. 353, 1818, where a woman came and asserted that a personater (convicted) was the real

man.

In contravention of 2-3 W. 4, 53, 49, L. instigated B. to personate C. to get certain prize-money. L.'s defence was that he had bought the claim from C., and this there was nothing to disprove. Lush J. directed the jury that if they believed that L. instigated B. to represent himself as C., and that B. knowingly and wilfully represented himself as C., then, whatever B.'s motive may have been, both were guilty. Even if B. believed L. was really C., or had C.'s authority to get the money, yet if he falsely represented himself to be C., though authorised by L. to do so, he would be guilty. Lake, Bird, 11 Cox C. C. 333, 1869: both guilty.

Obtaining a police pension by personation, fraud, &c., or attempting to do so, is punishable on indictment by two years' imp. w. or without h. 1. and loss of 'pension, gratuity or allowance so obtained': 53-4 V. 45, 9.

Of voters] By 35-6 V. 33, 24: 'A person shall, for all purposes of the laws relating to parliamentary and municipal elections, be deemed to be guilty of the offence of personation, who at an election for a county or borough, or at a municipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot paper in his own name.' For this as a corrupt practice and for punishment, see under Bribery.

The s. goes on: 'It shall be the duty of the returning officer to institute a prosecution against any person whom he may believe to have been guilty of personation, or of aiding, abetting, counselling, or procuring the commission of the offence of personation by any person at the election for which he is returning officer.' Where owing to wrong information overseers put defendant on the list as James Cummings (by which name he had in fact gone) and he answered on oath the question, Are you the person whose name appears on the register as James Cummings?' 'Yes,' and voted (as he was entitled to do in his own name), Hawkins J. directed an acquittal: Fox, 16 Cox C. C 166, 1887.

The provisions of the Registration Acts specified [viz. 6-7 V. 18, 13-14 V. 69] in the Third Schedule to this Act, shall in England and Ireland respectively apply to personation under this Act, in the same manner as they apply to a person who knowingly personates and falsely assumes to vote in the name of another person as mentioned in the said Acts.'

47-8 V. 70, 1, makes personation, &c. at municipal elections in all respects a corrupt practice, or just as if it had been committed at a parliamentary election.

Of owners of real estate, &c.] 37-8 V. 36, 1, is: 'If any person shall falsely and deceitfully personate any person, or the heir, executor or administrator, wife, widow, next of kin, or relation of any person, with intent fraudulently to obtain any land, estate, chattel, money, valuable security, or property, he shall be guilty of felony, and, upon conviction, shall be liable to be kept in penal servitude for life.'

2: Nothing in this Act shall prevent any person from being proceeded against and punished under any other Act, or at common law, in respect of an offence (if any) punishable as well under this Act as under any other Act, or at common law.'

By s. 3, the offence is not triable at quarter sessions.

Of owners of stocks, &c.-National Debt] 2-3 W. 4, 59, 19, is un-repealed (only) in so far as it deals with personation: Forg. A. 1913. See also 26-7 V. 73, 14 (India stock).

By 24-5 V. 98, 3: 'Whosoever shall falsely and deceitfully personate any owner of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the bank of England, or at the bank of Ireland, or any owner of any share or interest of or in the capital stock of any body corporate, company, or society which now is or hereafter may be established by charter, or by, under, or by virtue of any Act of parliament, or any owner of any dividend or money payable in respect of any such share or interest as aforesaid, and shall thereby transfer or endeavour to transfer any share or interest belonging to any such owner, or thereby receive or endeavour to receive any money due to any such owner, as if such offender were the true and lawful owner, shall be guilty of felony `: maximum punishment, p. s. for life.

Of National Debt stockholder] By 33-4 V. 58, 4: If any person falsely and deceitfully personates any owner of any share or interest of or in any such stock as aforesaid [i.e. as defined in the National Debt A. 1870': s. 3], or of any such stock certificate or coupon as aforesaid, and thereby obtains or endeavours to obtain any such stock certificate or coupon-or receives or endeavours to receive any money due to any such owner, as if such person were the true and lawful owner, he shall be guilty of felony': maximum punishment, p. s. for life.

Under 31 G. 2, 22, 77, rpd., defendant was indicted for personating one I. H., the proprietor of certain stock, and thereby endeavouring to receive from the bank of England the sum of, &c. Representing himself to be I. H., he received, at the bank, a dividend warrant for the sum due, on getting which, instead of carrying it to the pay-office, he walked another way, and, being at once arrested, made no attempt to get the money. It was objected, that there was no proof of his having endeavoured to receive' the money, but the judges held this conviction right, as the manner in which he applied for and received the warrant was a personating of the true proprietor, and he thereby endeavoured to receive the money, within A. Parr, Lea. 434; East P. C. 1005, 1787.

Of revenue officer] Falsely personating an officer of inland revenue (or of the Commissioners of Customs and Excise: St. R. & O. 1909. p. 243) for the purpose of obtaining admission to any house, or of doing or procuring to be done any act, or for any other unlawful purpose, is made a misdemeanour by 53-4 V. 21, 12.

Of husbands] See under Rape.

Of masters, &c.] in order to give servants false characters, seems from 32 G. 3, 56, to have been common; the jurisdiction was summary: see, however, Connolly, 3 Cr. A. R. 27, 1909: conspiracy.

Of clergyman] to solemnise matrimony: see 4 G. 4, 76, 21, and Ellis, 16 Cox C. C. 469, 1888: 7 years' p. s.

False Pretences and Larceny.

597

FALSE PRETENCES, OBTAINING BY.

See the introductory remarks under Embezzlement. The necessity for [this] statutory misdemeanour . . . arose from a difficulty with respect to animus furandi. . . . When a person is induced by false pretences to contract to part absolutely with the right of property in the thing and he afterwards in pursuance of that agreement gives up the possession, it was held that as the right of property had been changed by contract, though upon a fraud which made the agreement defeasible there was not at the time of the change of possession an ownership in the former proprietor and consequently there could not then be an intent wrongfully to deprive him of the benefit of ownership': (Pollock and) Wright on Possession, p. 158; cf. p. 203, cited below, and p. 219: 'the owner. . . by himself or by some person having general or specific authority to act for him on that behalf contracts to part immediately and unconditionally with his rights of property. See also under Cheating: Ridgway and H. Williams, 1836, below, illustrate how narrow the border line between that common law offence and this statutory misdemeanour often is.

Distinction from larceny] is of practical value in appreciating the legal quality of this crime. 'Where,' says Sir F. Pollock, above, p. 101, the giver does intend to pass property to the receiver, being induced thereto by some false representation of the receiver not affecting the substance of the transaction itself, there is a real though not finally valid consent; the agreement is voidable on the ground of fraud, but not void, and third parties giving value in good faith may acquire irrevocable rights under it; and the offence committed, if any, is not theft but obtaining by false pretences. This is . . . well settled. The difficulties in particular cases are really difficulties of fact.'

... It may be a question whether many cases where the facts amounted to theft have not been dealt with (and rightly, as a matter of practical caution) as cases of obtaining by false pretences': Ib. P. 108.

See further this point under Larceny by Trick.

Hence, negatively, this offence is illustrated by some indictments for larceny which will be found under Not Larceny; and cf. Larceny by Servants, False Accounts, and Full Authority. See also H. Thompson, 1862; Cooke, 1871; Solomons, 1890.

By s. 3 of 62-3 V. 22, the S. J. A. 1899, a court of summary jurisdiction, to explain this offence, 'shall state in effect that a false pretence means a false representation by words, writing, or conduct that some fact exists or existed and that a promise as to future conduct not intended to be kept is not by itself a false pretence.'

By 6-7 G. 5, 50, 32: Every person who by any false pretence (1) with intent to defraud obtains from any other person any chattel, money, or valuable security or causes or procures any money to be paid or any chattel or valuable security to be delivered to himself or