F, punishment, English law. Formerly felons were branded and marked
with a hot iron, with this letter, on being admitted to the benefit of
FACIO UT DES. A species of contract in the civil law, which occurs
when a man agrees to perform anything for a price, either specifically mentioned
or left to the determination of the law to set a value on it. As when a servant
hires himself to his master for certain wages or an agreed sum of money. 2 Bl.
FACIO UT FACIAS. A species of contract in the civil law, which occurs
when I agree with a man to do his work for him if he will do mine for me. Or if
two persons agree to marry together, or to do any other positive acts on both
sides. Or it may be to forbear on one side in consideration of something done on
the other. 2 Bl. Com. 444.
FACT. An action; a thing done. It is either simple or compound.
2. A fact is simple when it expresses a purely material act unconnected with
any moral qualification; for example, to say Peter went into his house, is to
express a simple fact. A compound fact contains the materiality of the act, and
the qualification which that act has in its connexion with morals and, the law.
To say, then, that Peter has stolen a horse, is to express a compound fact; for
the fact of stealing, expresses at the same time, the material fact of taking
the horse, and of taking him with the guilty intention of depriving the owner of
his property and appropriating it to his own use; which is a violation of the
law of property.
3. Fact. is also put in opposition to law; in every case which has to be
tried there are facts to be established, and the law which bears on those
4. Facts are also to be considered as material or immaterial. Material facts
are those which are essential to the right of action or defence, and therefore
of the substance of the one or the other - these must always be proved; or
immaterial, which are those not essential to the cause of action these need not
be proved. 3 Bouv. Inst. n. 3150-53.
5. Facts are generally determined by a jury,; but there are many facts,
which, not being the principal matters in issue, may be decided by the court;
such, for example, whether a subpoena has or has not been served; whether a
party has or has not been summoned, &c. As to pleading material facts, see
Gould. Pl. c. 3, s. 28. As to quality of facts proved, see 3 Bouv. Inst. n.
3150. Vide Eng. Ece. R. 401-2, and the article Circumstances.
FACTO. In fact, in contradistinction to the lawfulness of the thing;
it is applied to anything actually done. Vide Expostfacto.
FACTOR, contracts. An agent employed to sell goods or merchandise
consigned or delivered to him by, or for his principal, for a compensation
commonly called factorage or commission. Paley on Ag. 13; 1 Liverin. on Ag. 68;
Story on Ag. §33; Com. Dig. Merchant, B; Mal. Lex Merc. 81; Beawes, Lex Merc.
44; 3 Chit. Com. Law, 193; 2 Kent, Com. 622, note d, 3d. ed.; 1 Bell's Com. 385,
§408, 409 2 B. & Ald. 143. He is also called a commission merchaut, or
2. When he resides in the same state or country with his principal, he is
called a home factor; and a foreign factor when he resides in a different state
or country. 3 Chit. Com. Law, 193; 1 T. R. 112; 4 M. & S. 576; 1 Bell's Com.
3. When the agent accompanies the ship, taking a cargo aboard, and it is
consigned to him for sale, and he is to purchase a return cargo out of the
proceeds, such agent is properly called a factor; he is, however, usually known
by the name of a supercargo. Beawes, Lex More. 44, 47; Liverm. on Ag. 69, 70; 1
Domat, b. 1, t. 16, §3, art. 2.
4. A factor differs. from a broker, in some important particulars, namely; he
may buy and sell for his principal in his own name, as well as in the name of
his principal; on the contrary, a broker acting as such should buy and sell in
the name of his principal. 3 Chit. Com. Law, 193, 2101 541; 2 B. & Ald. 143,
148; 8 Kent, Com. 622, note d, 3d. ed. Again, a factor is entrusted with the
possession, management, disposal, and control of the goods to be bought and
sold, and has a special property and a lien on them; the broker, on the
contrary, has usually no such possession, management, control, or disposal of
the goods, nor any such special property nor lien. Paley on Ag. 13, Lloyd's ed;
1 Bell's Com. 385.
5. Before proceeding further it will be proper to consider the difference
which exists in the liability of a home or domestic factor and a foreign
6 . By the usages of trade, or intendment of law, when domestic factors are
employed in the ordinary business of buying and selling goods, it is presumed
that a reciprocal credit between, the principal and the agent and third persons
has been given. When a purchase has been made by such a factor, he, as well as
his principal, is deemed liable for the debt; and in case of a sale, the buyer
is responsible both to the factor and principal for the purchase money; but this
presumption may be rebutted by proof of exclusive credit. Story, Ag. §§267, 291,
293; Paley, Ag. 243, 371; 9 B. & C. 78; 15 East, R. 62.
7. Foreign factors, or those acting for principals residing in a foreign
country, are held personally liable upon all contracts made by them for their
employers, whether they describe themselves in the contract as agents or not. In
such cases, the presumption is, that the credit is given exclusively to the
factor. But this presumption may be rebutted by a proof of a contrary agreement.
Story, Ag. §268; Paley, Ag. 248, 373; Bull. N. P. 130; Smith, Merc. Law, 66; 2
Liverm. Ag. 249; 1 B. & P. 398; 15 East, R. 62; 9 B. & C. 78.
8. A factor is liable to duties, which will be first considered; and,
afterwards, a statement of his rights will be made.
9. - 1. His duties. He is required to use reasonable skill and ordinary
diligence in his vocation; in general, he has a right to sell the goods, but he
cannot pawn them. The latter, branch of this rule, however, is altered by
statute in some of the states. See Act of Penna. April 14, 1834, §3, 4, 6,
postea, 20. He is bound to obey his instructions, but when he has none, he may
and ought to act according to the general usages of trade sell for cash, when
that is usual, or give credit on sales, when that is customary. He is bound to
render a just account to his principal, and to pay him the moneys he may receive
10. - 2. His rights. He has the right to sell the goods in his own name; and,
when untrammeled by instructions, he may sell them at such times and for such
prices, as, in the exercise of a just discretion, he may think best for his
employer. 3 Man. Gran. & Scott, 380. He is, for many purposes, between
himself and third persons, to be considered as the owner of the goods. He may,
therefore, recover the price of goods sold by him, in his own name, and,
consequently, he may receive payment and give receipts, and discharge the
debtgor, unless, indeed, notice has been given by the principal to the debtor
not to pay. He has a lien on the goods for advances made by him, and for his
11. Mr. Bell, in his Commentaries, vol. 1, page 265, 5th ed., lays down the
following rules with regard to the rights of the principal, in those cases in
which the goods in the factor's hands have been changed in the course of his
12. - 1. When the factor has sold the goods of his principal, and failed
before the price of the goods has been paid, the principal is the creditor, and.
entitled to a preference over the creditors of the factor. Cook's B. L. 4th ed.
13. - 2. When bills have been taken for the price, and are still it the
factor's hands, undiscounted at his failure; or where goods have been taken in
return for those sold; the principal is entitled to them, as forming no part of
the divisible fund. Willes, R. 400.
14. - 3. When the price has been paid in money, coin, bank notes, &c., it
remains the property of the principal, if kept distinct as his. 5 T. la. 277; 2
Burr. 1369 5 Ves. Jr. 169; 2 Mont. B. L. 233, notes.
15. - 4. When a bill received for goods, or placed with the factor, has been
discounted, or when money coming into his hands has been paid away, the endorsee
of the bill, or the person receiving the money, will be free from all claim at
the instance of the principal. Vide 1 B. & P. 539, 648.
16. - 5. When the factor sinks the name of the principal entirely; as, where
he is employed to sell goods, and receives a del credere commission, for which
he engages to guarantee the payment to the principal, it is not the practice to
communicate the names of the purchasers to the principal, except where the
factor fails. Under these circumstances, the following points have the principal
is the creditor of the buyer, and has a direct action against him for the price.
Cook's B. L. 400; and vide Bull. N. P. 42 2 Stra. 1 1 82. But persons
contracting with the factor in his own name, and bona fide, are entitled to set
off the factor's debt to them. 7 T. R. 360. 2. Where the factor is entrusted
with the money or property of his principal to buy stock, bills, and the like,
and misapplies it, the produce will be the principal's, if clearly
distinguishable. 8 M. & S. 562.
17. - 6. When the factor purchases goods for the behalf of his principal, but
on his own general, current account, without mention of the principal, the goods
vest in the factor, and the principal has only an obligation against the
factor's estate. But when the factor, after purchasing the goods, writes to his
principal that he has bought such a quantity of goods in consequence of his
order, and that they are lying in his warehouse, or elsewhere, the property
would seem to be vested in the principal.
18. It may therefore be laid down as a general rule, that when the property
remitted by the principal, or acquired for him by his order, is found
distinguishable in the hands of the factor, capable of being traced by a clear
and connected chain of identity, in no one link of it degenerating from a
specific trust into a general debt, the creditors of the factor, who has become
bankrupt, have no right to the specific property. Much discrimination is
requisite in the application of this doctrine, as may be seen by the case of Ex
parte Sayers, 5 Ves. Jr. 169.
19. A factor has no right to barter the goods of his principal, nor to pledge
them for the purpose of raising money for himself, or to secure a debt he may
owe. See ante, 9-1. But he may pledge them for advances made to his principal,
or for the purpose of raising money for him, or in order to reimburse himself to
the amount of his own lien. 2 Kent, Com. 3d. ed:, 625 to 628; 4 John. R., 103;
Story on Bailm. §325, 326, 327. Another exception to the general rule that a
factor cannot pledge the goods of his principal, is, that he may raise money b
pledging the goods, for the payment of 'duties, or any other charge or purpose
allowed or justified by the usages of trade. 2 Gall. 13; 6 Serg. & Rawle,
386; Paley on Ag. 217; 3 Esp. R. 182.
20. The legislature of Pennsylvania, by an act entitled " An act for the
amendment of the law relating to factors passed April 14, 1834, have made the
following provisions. This act was prepared by the persons appointed to revise
the civil code of that state, and was adopted without alteration by the
legislature. It is here inserted, with a belief that it will be found useful to
the commercial lawyer of the other states.
21. - §1. Whenever any person entrusted with merchandise, and having
authority to sell or consign the same, shall ship, or otherwise transmit tile
same to any other person, such other person shall have a lien thereon.
22. - I. For any money advanced, or negotiable security given by him on the
faith of such consignment, to or for the use of the person in whose name such
merchandise was shipped or transmitted.
23. - II. For any money or negotiable security, received for the use of such
consignee, by the person, in whose name such merchandise was shipped or
24.- §2. But such lien shall not exist for any of the purposes aforesaid, if
such consignee shall have notice by the bill of lading, or otherwise,bef ore the
time of such advance or receipt, that the person in whose name such merchandise
was shipped or transmitted, is not the actual owner thereof.
25. - §3. Whenever any consignee or factor, having possession of merchandise,
with authority to sell the same, or having possession of any bill of lading,
permit, certificate, receipt, or order, for the delivery of merchandise, with
the like authority, shall deposit or pledge such merchandise, or any part
thereof, with any other person, as a security for any money advanced, or
negotiable instrument given by him on the faith thereof; such other person shall
acquire, by virtue of such contract, the same interest in, and authority over,
the said merchandise, as, he would have acquired thereby if such consignee or
factor had been the actual owner thereof. Provided, That such person shall not
have notice by such document or otherwise, before the time of such advance or
receipt, that the holder of such merchandise or document is not the actual owner
of such merchandise.
26. - §4. If any person shall accept or take such merchandise or document
from any such consignee or factor, in deposit or pledge for any debt or demand
previously due by, or existing against, such consignee or factor, and without
notice as aforesaid, and if any person shall accept or take such merchandise or
document from any such consignee or factor, in deposit or pledge, without notice
or knowledge that the person making such deposit or pledge, is a consignee or
factor only, in every such case the person accepting or taking such. merchandise
or document in deposit or pledge, shall acquire the same right and interest in
such merchandise as was possessed, or could have been enforced, by such
consignee or factor against his principal at the time of making such deposit or
pledge, and further or other right or interest.
27. - §5. Nothing in this act contained shall be construed or taken:
affect any lien which a. consignee or factor may possess at law, for the
expenses and charges attending the shipment, or transmission and care of
merchandise consigned, or otherwise intrusted to him.
28. - II. Nor to prevent the actual owner of merchandise from recovering the
same from such consignee or factor, before the same shall have been deposited or
pledged as aforesaid, or from the assignees or trustees of such consignee or
factor, in the event of his insolvency.
29. - III. Nor to prevent such owner from recovering any merchandise, so as
aforesaid deposited or pledged, upon tender of the money, or of restoration of
any negotiable instrument so advanced, or given to such consignee or factor, and
upon tender of such further sum of money, or of restoration of such other
negotiable instrument, if any, as may have been advanced or given by such
consignee or factor to such owner, or on tender of a sum of money equal to the
amount of such instrument.
30. - IV. Nor to prevent such owner from recovering, from the person
accepting or taking such merchandise in deposit or pledge, any balance or sum.
of money remaining in his hands as the produce of the sale of such merchandise,
after deducting the amount of money or the negotiable instrument so advanced or
given upon the security thereof as aforesaid.
31. - §6. If any consignee or factor shall deposite or pledge any merchandise
or document as aforesaid, consigned or intrusted to him as a security for any
money borrowed, or negotiable instrument received by such consignee or factor,
and shall apply and dispose of the same to his own use, in violation of good
faith, and with intent to defraud the owner of such merchandise, and if any
consignee or factor shall, with the like fraudulent intent, apply or dispose of,
to his own use, any money or negotiable instrument, raised or acquired by the
sale or other disposition of such merchandise, such consignee or factor shall,
in every such case, be deemed guilty of a misdemeanor, and shall be punished by
a fine, not exceeding two thousand dollars, and by imprisonment, for a term not
exceeding five years.
FACTORAGE. The wages or allowances paid to a factor for his services;
it is more usual to call this commissions. 1 Bouv. Inst. n. 1013; 2 Id. n.
FACTORY, Scotch law. A contract which partakes of a mandate and
locatio ad operandum, and which is in the English and American law books
discussed under the title of Principal and Agent. 1 Bell's Com. 259.
FACTUM. A deed. a man's own act and deed.
2. When a man denies by his plea that he made a deed on which he is sued, be
pleads non estfactum. (q. v.) Vide Deed; Fait.
FACTUM, French law. A memoir which contains summarily the fact on
which a contest has happened, the means on which a party founds his pretensions,
with the refutation of the means of the adverse party. Vide Brief.
FACULTY, canon law. A license; an authority. For example, the ordinary
having the disposal of all seats in the nave of a church, may grant this power,
which, when it is delegated, is called a faculty, to another.
2. Faculties are of two kinds; first, when the grant is to a man and his
heirs in gross; second, when it is to a person and his heirs, as appurtenant to
a house which he holds in the parish. 1 T. R. 429, 432; 12 Co. R. 106.
FACULTY, Scotch law. Equivalent to ability or pow-er. The term faculty
is more properly applied to a power founded on the consent of the party from
whom it springs, and not founded on property. Kames on Eq. 504.
FAILURE. A total defect; an omission; a non-performance. Failure also
signifies a stoppage of payment; as, there has been a failure to-day, some one
has stopped payment.
2. According to the French code of commerce, art. 437, every merchant or
trader who suspends payment is in a state of failure. Vide Bankruptcy;
FAILURE, OF ISSUE. When there is a want of issue to take an estate
limited over by an executory devise.
2. Failure of issue is definite or indefinite. When the precise time for the
failure of issue is fixed by the will, as is the case of a devise to Peter, but
if he dies without issue living at the time of his death, then to another, this
is a failure of issue definite. An indefinite failure of issue is the very
converse or opposite of this, and it signifies a general failure of issue,
whenever it may happen, without fixing any time, or a certain or definite
period, within which it must happen. 2 Bouv. Inst. n. 1849.
FAILURE OF RECORD. The neglect to produce the record after having
pleaded it. When a defendant pleads a matter, and offers to prove it by the
record, and then pleads nul tiel record, a day is given to the defendant to
bring in the record if he fails. to do so, he is said to fail, and there being a
failure of record, the plaintiff is entitled to judgment. Termes de lay Ley. See
the form of entering it; 1 Saund. 92, n. 3.
FAINT PLEADER. A false, fraudulent, or collusory manner of pleading,
to the deception of a third person. 3 E. I., c. 19.
FAIR. A privileged market.
2. In England, fairs are granted by the king's patent.
3. In the United States, fairs are almost unknown. They are recognized in
Alabama; Aik. Dig. 409, note; and in North Carolina, where they are regulated by
statute. 1 N. C. Rev. St. 282. See Domat, Dr. Public, liv. 1, t. 7, s. 3, n.
FAIR-PLAY MEN. About the year 1769, there was a tract of country in
Pennsylvania, situate between Lycoming creek and Pine creek, in which the
proprietaries prohibited the making of surveys, as it was doubtful whether it
had or had not been ceded by the Indians. Although settlements were forbidden,
yet adventurers settled themselves there; being without the pale of ordinary
authorities, the inhabitants annually elected a tribunal, in rotation, of three
of their number, whom they denominated fair-play men, who had authority to
decide all disputes as to boundaries. Their decisions were final, and enforeed
by the whole community en masse. Their decisions are said to have been just and
equitable. 2 Smith's Laws of Pennsylvania 195; Serg. Land Laws, 77. "
FAlR PLEADER. This is the name of a writ given, by the statute of
Marlebridge, 52 H. III., c. ii. Vide Beau Pleader.
FAIT, conveyancing. A deed lawfully executed. Com. Dig . h. t.; Cunn.
Dictl. h. t.
FAITH. Probity; good faith is the very soul of contracts. Faith also
signifies confidence, belief; as, full faith and credit ought to be given to the
acts of a magistrate while acting within his jurisdiction. Vide Bona fide.
FALCIDIAN LAW, civil law, plebiscitum. A statute or law enacted by the
people, made during the reign of Augustus, on the proposition of Falcidius, who
was a tribune in the year of Rome 714.
2. Its principal provision gave power to fathers of families to bequeath
three-fourths of their property, but deprived them of the power to give away the
other fourth, which was to descend to the heir.
3. The same rule, somewhat modified, has been adopted in Louisiana;
"donations inter vivos or mortis causal" says the Civil Code, art. 1480, "cannot
exceed two-thirds of the property of, the disposer, if he leaves at his decease
a legitimate child; one-half, if he leaves two children; and one-third, if he
leaves three, or a greater number."
4. By the common law, the power of the father to give his property is
unlimited. He may bequeath it to his children equally, to, one in preference to
another, or to a stranger, in exclusion of the whole of them. Over his real
estate, his wife has a right of dower, or a similar right given to her by act of
assembly, in, perhaps, all the states.
FALSE Not true; as, false pretences; unjust, unlawful, as, false
imprisonment. This his word, is frequently used in composition.
FALSE IMPRISONMENT. torts. Any intentional detention of the person of
another not authorized by law, is false imprisonment. 1 Bald. 571; 9 N. H. Rep.
491; 2 Brev. R. 157. It is any illegal imprisonment, without any process
whatever, or under color of process wholly illegal, without regard to the
question whether any crime has been committed, or a debt due. 1 Chit. Pr. 48; 5
Verm. 588; 3 Blackf. 46; 3 Wend. 350 5 Wend. 298; 9 John. 117; 1 A. K. Marsh.
845; Kirby, 65; Hardin 249.
2. The remedy is, in order to be restored to liberty, by writ of habeas
corpus, and to recover damages for the injury, by action of trespass vi et
armis. To punish the wrong done to the public, by the false imprisonment of an
individual, the offender may be indicted. 4 Bl. Com. 218, 219; 2 Burr. 993. Vide
Bac. Ab. Trespass, D 3 Dane's Ab. Index, h. t. Vide 9 N. H. Rep. 491; 2 Brev. R.
157; Malicious Prosecution; Regular and Irregular Process.
FALSE JUDGMENT, Eng. law. The name of a writ which lies when a false
judgment has been given in the county court, court baron, or other courts not of
record. F. N. B. 17, 18 3 Bouv. Inst. n. 3364.
FALSE PRETENCES, criminal law. False representations and statements,
made with a fraudulent design, to obtain " money, goods, wares, and
merchandise-" with intent to cheat. 2 Bouv. Inst. n. 2308.
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
ordinary caution, it will doubtless be sufficient. 11 Wend. R. 557. But although
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, P. C. 828. It is not necessary that all the pretences should
be false, if one of them, per se, is sufficient to constitute the offence. 14
Wend. 547. And although other circumstances may have induced the credit, or the
delivery of the property, yet it will be sufficient if the false pretences had
such an influence that, without them, the credit would not have been given, or
the property delivered. 11 Wend. R. 557; 14 Wend. R. 547; 13 Wend. Rep. 87. The
false pretences must have been used before the contract was completed. 14 Wend.
Rep. 546; 13 Wend. Rep. 311. In North Carolina, the cheat must be effected by
means of some token or contrivance adapted to impose on an ordinary mind. 3
Hawks, R. 620; 4 Pick. R. 178.
4. - 2. The wording of the statutes of the several states on this subject is
not the same, as to the acts which are indictable. In Pennsylvania, the words of
the act are, "every person who, with intent to cheat or defraud another, shall
designedly, by color of any false token or writing, or by any false pretence
whatever, obtain from any person any money, personal property or other valuable,
things," &c. In Massachusetts, the intent must be to obtain "money, goods,
wares, merchandise, or other things." Stat. of 1815, c. 136. In New York, the
words are "money, goods, or chattels, or other effects." Under this statute it
has been holden that obtaining a signature to a note; 13 Wend. R. 87; or an
endorsement 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 be an intent to cheat or defraud same person. Russ. &
Ry. 317; 1 Stark. Rep. 396. This may be inferred from a false representation. 13
Wend. R. 87. The intent is all that is requisite; it is not necessary that the
party defrauded should sustain any loss. 11 Wend. R. 18; 1 Carr. & Marsh.
FALSE RETURN. A return made by the sheriff, or other ministerial
officer, to a writ 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 Stark. Ev. 563.
FALSEHOOD. A wilful act or declaration contrary to truth. It is
committed either by the wilful act of the party, or by dissimulation, 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 wilfully declare the thing is his own, when he knows that it is not
so. It is committed by dissimulation when a creditor, having an understanding
with his former debtor, 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 slander must be false to entitle the plaintiff to recover damages. But
whether a libel be true or false the writer or publisher may be indicted for it.
Bul N. P. 9; Selw. N. P. 1047 , note 6; 5 Co. 125; Hawk. 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 testimony 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 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,
falsify, 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 effect; or if any person shall acknowledge, or
procure to be acknowledged, in any of the courts. aforesaid, any recognizance,
bail, or judgment, in the name or names of any other person 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 be imprisoned 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 judgments by any attorney or attorneys, duly admitted, for any
person or persons against whom any such judgment or judgments shall be had or
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 been inserted that is a wrong charge, he is at liberty to
show it, and that is a falsification. 2 Ves. 565; 11 Wheat. 237. See Account
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.