PERSONATION

This article appears in Volume V21, Page 257 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: PER-PIG

PERSONATION , in English law, a form of fraud consisting in a false representation by one person (by words or conduct) that he is another person living or dead. It is not an offence by the common law unless the representation is made on oath under circumstances constituting the offence of perjury, or unless the representation if not made on oath is made under circumstances amounting to a common law cheat. Personation has been made an offence by

statute

STATUTE

in the following cases: (1) where it amounts to a false pretence by words or conduct, and is done with

intent

INTENT (from Lat. intend ere, to stretch out, extend, particularly in the phrase intendere animum, to turn one's mind to, purpose)

to defraud, and property is by such false pretence obtained, 24 & 25 Vict. C. 96 SS. 8890 (see FALSE PRETENCES); (2) in the case of false and deceitful personation of any person or of the

heir

HEIR (Lat. heres, from a root meaning to grasp, seen in heres or erus, master of a
house
- HOUSE
- HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in
  Gothic
  - GOTHIC
  it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)
, Gr. xeip, hand, Sans. hat ana, hand)

, executor,

administrator

ADMINISTRATOR

, wife, widow, next of kin or relative of any person with

intent

INTENT (from Lat. intend ere, to stretch out, extend, particularly in the phrase intendere animum, to turn one's mind to, purpose)

fraudulently to obtain any land, estate, chattel, money, valuable security or property (37 & 38 Vict. C. 36 s. I); (3) in the case of personation of votes at elections (see CORRUPT PRACTICES).
The first of these offences is a misdemeanour only; the second is a

felony

FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel,
gall
- GALL (a word common to many Teutonic languages, cf. Dutch gal, and Ger. Galle; the Indo-European root appears in Gr. xoXi,, and Lat. fel; possibly connected with " yellow," with reference to the colour of bile)
- GALL, FRANZ JOSEPH (1758-1828)
, or fallere, to deceive. The English " fel

punishable by penal servitude for life. The second offence was created in 1874 in consequence of the Tichborne case, in which under the law as it then stood it had been necessary
to prosecute the claimant for perjury. Besides the enactments to rest of which a perspective drawing is to be made. The lowest above referred to there are also a number of provisions for dealing
with the personation of sailors, soldiers, pensioners and owners of stock in the public funds or shares in

joint

JOINT (through Fr. from Lat. junctum, jungere, to join)

-stock companies, and of persons who falsely acknowledge in the name of another recognizances, deeds or

instruments

INSTRUMENTS

, before a court or person authorized to take the acknowledgment.

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