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FALSE PRETENCES , in See also:English See also:law, the obtaining from any other See also:person by any false pretence any See also:chattel, See also:money or valuable See also:security, with See also:intent to defraud. It is an indictable See also:misdemeanour under the See also:Larceny See also:Act of ,861. The broad distinction between this offence and larceny is that in the former the owner intends to See also:part with his See also:property, in the latter he does not. This offence See also:dates as a statutory See also:crime practically from 1756. At See also:common law the only remedy originally available for an owner who had been deprived of his goods by See also:fraud was an See also:indictment for the crime of See also:cheating, or a See also:civil See also:action for deceit. These remedies were insufficient to See also:cover all cases where money or other properties had been obtained by false pretences, and the offence was first partially created by a See also:statute of See also:- HENRY
- HENRY (1129-1195)
- HENRY (c. 1108-1139)
- HENRY (c. 1174–1216)
- HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
- HENRY, EDWARD LAMSON (1841– )
- HENRY, JAMES (1798-1876)
- HENRY, JOSEPH (1797-1878)
- HENRY, MATTHEW (1662-1714)
- HENRY, PATRICK (1736–1799)
- HENRY, PRINCE OF BATTENBERG (1858-1896)
- HENRY, ROBERT (1718-1790)
- HENRY, VICTOR (1850– )
- HENRY, WILLIAM (1795-1836)
Henry VIII. (1541), which enacted that if any person should falsely and deceitfully obtain any money, goods, &c., by means of any false token or counterfeit See also:letter made in any other See also:man's name, the offender should suffer any See also:punishment other than See also:death, at the discretion of the See also:judge. The See also:- SCOPE (through Ital. scopo, aim, purpose, intent, from Gr. o'KOaos, mark to shoot at, aim, o ic07reiv, to see, whence the termination in telescope, microscope, &c.)
scope of the offence was enlarged to include practically all false pretences by the act of 1756, the provisions of which were embodied in the Larceny Act 1861.
The See also:principal points to See also:notice are that the pretence must be a false pretence of some existing fact, made for the purpose of inducing the prosecutor to part with his property (e.g. it was held not to be a false pretence to promise to pay for goods on delivery), and it may be by either words or conduct. The property, too, must have been actually obtained by the false pretence. The owner must be induced by the pretence to make over the See also:absolute and immediate ownership of the goods, other-See also:wise it is " larceny by means of a See also:trick." It is not always easy, however, to draw a distinction between the various classes of offences. In the See also:case where a man goes into a restaurant and orders a See also:meal, and, after consuming it, says that he has no means of paying for it, it was usual to convict for obtaining See also:food by false pretences. But R. v. See also:- JONES
- JONES, ALFRED GILPIN (1824-1906)
- JONES, EBENEZER (182o-186o)
- JONES, ERNEST CHARLES (1819-1869)
- JONES, HENRY (1831-1899)
- JONES, HENRY ARTHUR (1851- )
- JONES, INIGO (1573-1651)
- JONES, JOHN (c. 1800-1882)
- JONES, MICHAEL (d. 1649)
- JONES, OWEN (1741-1814)
- JONES, OWEN (1809-1874)
- JONES, RICHARD (179o-1855)
- JONES, SIR ALFRED LEWIS (1845-1909)
- JONES, SIR WILLIAM (1746-1794)
- JONES, THOMAS RUPERT (1819– )
- JONES, WILLIAM (1726-1800)
Jones, 1898, L.R. x Q.B. 119 decided that it is neither larceny nor false pretences, but an offence under the Debtors Act 1869, of obtaining See also:credit by fraud. (See also CHEATING; FRAUD; LARCENY.)
See also:United States.—American statutes on this subject are mainly copied from the English statutes, and the courts there in a See also:general way follow the English interpretations. The statutes of each See also:state must be consulted. There is no Federal statute, thoughthere are Federal See also:laws providing penalties for false See also:personation of the lawful owner of public See also:stocks, &c., or of persons entitled to See also:pensions, See also:prize money, &c. (U.S. Rev. Stats. § 5435), or the false making of any See also:- ORDER
- ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
- ORDER, HOLY
order purporting to be a money order ('id. § 5463)•
In See also:Arizona, obtaining money or property by falsely personating another is punishable as for larceny (Penal See also:Code, 1901, § 479). Obtaining credit by false pretences as to See also:wealth and See also:mercantile See also:character is punishable by six months' imprisonment and a See also:fine not exceeding three times the value of the money or property obtained (id. § 481).
In See also:Illinois, whoever by any false See also:representation or See also:writing signed by him, of his own respectability, wealth or mercantile See also:correspondence or connexions, obtain; credit and thereby de-frauds any person of money, goods, chattels or any valuable thing, or who procures another to make a false See also:report of his honesty; wealth, &c., shall return the money, goods, &c., and be fined and imprisoned for a See also:term not exceeding one See also:year (Crim. Code, 1903, ch. xxxviii. §§ 96, 97). Obtaining money or property by See also:bogus cheques, the " confidence See also:game " (Dorn v. See also:People, 1907, § 228, See also:Ill. 216), or " three card See also:monte," sleight of See also:hand, See also:fortune-telling, &c., is punishable by imprisonment for from one to ten years (id. §§ 98, too). Obtaining goods from warehouse, See also:- MILL
- MILL (O. Eng. mylen, later myln, or miln, adapted from the late Lat. molina, cf. Fr. moulin, from Lat. mola, a mill, molere, to grind; from the same root, mol, is derived " meal;" the word appears in other Teutonic languages, cf. Du. molen, Ger. muhle)
- MILL, JAMES (1773-1836)
- MILL, JOHN (c. 1645–1707)
- MILL, JOHN STUART (1806-1873)
mill or See also:wharf by fraudulent See also:receipt wrongly stating amount of goods deposited—by imprisonment for not less than one nor more than ten years (id. § 124). Fraudulent use of railroad passes is a misdemeanour (id. 125a).
In See also:Massachusetts it is See also:simple larceny to obtain by false pretences the money or See also:personal chattel of another (Rev. Laws, 1902, ch. ccviii. § 26). Obtaining by a false pretence with intent to defraud the See also:signature of a person to a written See also:instrument, the false making whereof would be See also:forgery, is punishable by imprisonment in a state See also:prison or by fine (id. § 27).
In New See also:York, obtaining property by false pretences, felonious See also:breach of See also:trust and See also:embezzlement are included in the term " larceny " (Penal Code, § 528; See also:Paul v. Dumar, 106 N.Y. 508; People v. Tattlekan, 1907, 104 N.Y. Suppl. 8o5), but the methods of See also:- PROOF (in M. Eng. preove, proeve, preve, &°c., from O. Fr . prueve, proeve, &c., mod. preuve, Late. Lat. proba, probate, to prove, to test the goodness of anything, probus, good)
proof required to establish each crime remain as before the code. Obtaining lodging and food on credit at hotel or lodging See also:house with intent to defraud is a misdemeanour (See also:Pen. Code, § 382). See also:Purchase of property by false pretences as to person's means or ability to pay is not criminal when in writing signed by the party to be charged (Pen.
End of Article: FALSE PRETENCES
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