Page:The New International Encyclopædia 1st ed. v. 07.djvu/497

* FALMOUTH. of the pilchard fishery, and lias an export and import trade of increasing volume and impor- tance. It exports arms and ammunition, chemi- cal products, tin, copper, and clay. Its chief imports are grain, manures, and timber, ll is the seat of a United States Consul. The scenery of the Fal, from Truro to Falmouth, is of great beauty. Population, in 1901, 11,800. FALMOUTH. A city and the county-scat of Pendleton County, Ky., 00 miles north by cast of Lexington, on the Licking River, and on the Louisville and Nashville Railroad (Map: Ken- tucky, G 2). It is in an agricultural section, with a trade in tobacco, grain, and live stock, and has flour, lumber, and woolen mills, a dis- tillers', cannery, etc. Population, in 1890, 1146; in 1900, 1134. FALMOUTH. A town, including several vil- lages in Barnstable County, Mass., on Vineyard Sound and Buzzard's Bay, and on the New York, New Haven and Hartford Railroad (Map: Mas- sachusetts, F 4). It has a fine public library, and is popular as a watering-place. There is a deep and commodious harbor at Woods Hole, where a station with a marine laboratory of the United States Fish Commission is located. Popu- lation, in 1890, 2567; in 1900, 3500. FALSE ACA'CIA. See Locust-Tree. FALSE BAY. An inlet on the southwestern end of Cape Colony, South Africa, situated be- tween the capes of Good Hope and Hangklip (Map: Cape Colony, D 9). It is almost circular in shape and over 22 miles in diameter, and, being remarkably well sheltered by Table Moun- tain from the northwest monsoon, is used as a station for the British naval forces in South Africa. FALSE DECRETALS. See Pseudo-Isido- rian Decretals. FALSE FLAX. See Camelina; Gold-of- Pleasure. FALSE IMPRISONMENT. The wrongful violation of the right of personal liberty by de- tention or restraint of a person without author- ity of law. While, ordinarily, it takes the form of confinement in a prison, jail, or police station, actual incarceration is not necessary to the of- fense. Nor is assault or personal violence. It may be committed by words or gestures operating upon the will of a person, so that his liberty of action is illegally limited. A man may be falsely imprisoned in an open street, as when he is accosted by an officer and told that he is a prisoner. But an illegal interference with his right of passage along a highway does not amount to false imprisonment if he is free to proceed by some other way. The victim of false imprisonment may regain his liberty by a writ of habeas corpus (q.v.). and is entitled to dam- ages in an action in tort (q.v.) from the wrong- doer. The wrongdoer is liable to criminal pros- ecution by indictment (q.v.). The defendant, in a civil or criminal action for false imprisonment, must (after the plaintiff has made out a prima facie case) prove either that the imprisonment was not his act, or that it was justified. He must do more than prove that he did not apply the restraint; he must show that he did not direct, instigate, authorize, or adopt the proceedings connected with the imprisonment. 117 FALSE POSITION. All persons taking part in a false imprisonment, whether instigators, officers, or agents, are liable as joint wrongdoers; although, as in every ca i ol join! toil, the injured party has his option to join all or any number of the wrongdoers in a single art ion. or to bring separate actions against each. A person is not liable for false imprison- ment who does no iiioiv than make a complaint to a magistrate or a police officer, if the judge or the policeman thereupon takes independent net ion. lief her a judicial officer is liable, civilly, for a false imprisonment which he has ordered, de- pends upon whether he has acted with or without jurisdiction. If he was absolutely without juris- diction, he is liable ; of herw i-e not. even though he may have acted maliciously. For the corrupt or malicious misconduct of an officer, when acting in a judicial capacity, the only punishment is impeachment or removal from office. An im- prisonment by a sheriff, constable, policeman, or similar officer is justified: ( 1 ) When made under an apparently regular warrant issued by a judge having apparent jurisdiction of the matter; ( - ) when made without a judicial warrant, but upon reasonable suspicion of felony, even though a felony has not been committed, or of a person committing a breach of peace in the officer's pres- ence. An imprisonment by a private citizen is justifiable at common law onlj 7 when made of one committing a breach of the peace in his presence, or of one who he has reasonable cause to believe is guilty of a felony which has been actually committed. These rules of the common law have been modified by modern statutes in many juris- dictions. Consult Stephen, History of the Crim- inal Law of England (London, 1883), and the authorities referred to under Tort, and Ma- licious Prosecution. FALSEN, fal'sm, Christian Magnus (1782- 1830). A Norwegian statesman, jurist, and his- torian. He was born at Oslo, near Christiania, and was educated at the University of Chris- tiania. In 1808 he became circuit judge at Folio, and from that time gave his support to the projected National University. He upheld the new King, Christian Frederick, and after the separation of Norway from Denmark, associated himself with J. G. Adler in draughting the plan of a constitution for Norway, which was modeled upon that adopted by France in 1791. In 1822 he was appointed Attorney-General of the King- dom, and in 1S27 president of the Supreme Court. His principal work is Noryes Historie (1823-24), a history of Norway to a'.d. 1319. FALSE POINT. A cape, harbor, and light- house in the Cuttack District of Orissa. on the Bay of Bengal (Map: India, E 4). The harbor is one of the best on the cast coast of India: the anchorage is roomy and completely landlocked. It is a regular port of call for Anglo-Tndian coast- ing steamers. There is a large export trade with Mauritius and other British colenies. It de- rives its name from frequently being mistaken for Point Palmyras, to the north. FALSE POSITION, Rule of. An ancient mode of indirect reckoning, largely superseded by the direct method of equations. The simple equa- tions found in the Lilivati of Bhaskara, in the Liber Quadratornm of Leonardo of Pisa (see Fibonacci), and in the works of Tartaglia are