FALSE RETURN. A return made by the sheriff, or other ministerial officer, to a writ1 in which is stated a fact contrary to the truth, and injurious to one of the parties or some one having an interest in it.
2. In this case the officer is liable for damages to the party injured. .2 Esp. Cas. 475. See Falso retorno brevium.
FALSE TOKEN. A false document or sign of the existence of a fact, in general used for the purpose of fraud. Vide Token, and 2 Stark2. Ev. 563.
FALSEHOOD. A wilful3 act or declaration contrary to truth. It is committed either by the wilful act of the party, or by dissimulation4, or by words. It is wilful, for example, when the owner of a thing sells it twice, by different contracts to different individuals, unknown to them; for in this the seller must wilfully5 declare the thing is his own, when he knows that it is not so. It is committed by dissimulation when a creditor6, having an understanding with his former debtor7, sells the land of the latter, although he has been paid the debt which was due to him.
2. Falsehood by word is committed when a witness swears to what he knows not to be true. Falsehood is usually attendant on crime. Roscoe, Cr. Ev. 362.
3. A slander8 must be false to entitle the plaintiff to recover damages. But whether a libel be true or false the writer or publisher may be indicted9 for it. Bul N. P. 9; Selw. N. P. 1047 , note 6; 5 Co. 125; Hawk10. B. 1, c. 73, s. 6. Vide Dig. 48, 10, 31; Id. 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 testimony11 must be rejected but still the jury may consider whether the wrong statement be of such character, as to entitle the witness to be believed in other respects. 5 Shepl. R. 267. See Lie.
TO FALSIFY, crim. law. To prove a thing to be false; as, " to falsify a record." Tech. Dict.; Co. Litt. 104 b. To alter or make false a record. This is punishable at common law. Vide Forgery12.
2. By the Act of Congress of April 30, 1790, s. 15, 1 Story s L. U. S. 86, it is enacted13, that if any person shall feloniously steal, take away, alter, falsify, or otherwise avoid, any record, writ, process, or other proceedings14 in any of the courts of the United States, by means whereof any judgment15 shall be reversed, made void, or not take effect; or if any person shall acknowledge, or procure16 to be acknowledged, in any of the courts. aforesaid, any recognizance, bail17, or judgment, in the name or names of any other person or persons not privy18 or consenting to the same, every such person, or persons, on conviction thereof, shall be fined not exceeding five thousand dollars, or be imprisoned19 not exceeding seven years, and be whipped not exceeding thirty-nine stripes . Provided nevertheless, that this act shall not extend to the acknowledgment of any judgment or judgments20 by any attorney or attorneys, duly admitted, for any person or persons against whom any such judgment or judgments shall be had or given.
