CHEAT. "Deceitful practices in defraud ing or endeavoring to defraud another of his known right, by some wilful device, contrary to the plain rules of common honesty." Hawkins, Pl. Cr. b. 2, c.23, 1. " The fraudu sit obtaining the property of another by any eceitful and illegal practice or token (short f felony) which affects or may affect the ublie." 2. In order to constitute a cheat or indict ,ble fraud, there must be a prejudice re eived • and such injury must affect the pub ic welfare, or have a tendency so to do. 2 kst, Pl. Cr. 817 ; 1 Gabbett, Crim. Law, 99 ; 1 Deacon, Crim. Law, 225.
It seems to be a fair result of the cases, hat a cheat, in order to be indictable at ommon law, must have been public in its lature, by calculated to defraud num iers, or to deceive or injure the public in ;eneral, or by affecting the public trade or evsnue, the public health, or being in fraud f public justice, etc. And the other cases o be found in the books, of cheats apparently irivate which have been yet held to be in Lietable at common law, will, upon examine, ion, appear to involve considerations of a iublic nature also or else to be founded in onspiracy or forgery. Thus, it is not indicts its for a man to obtain goods by false verbal representations of his credit in society, and of us ability to pay for them, 6 Mass. 72; or to riolate his contract, however fraudulently it )e broken, 1 Mass. 137 ; or fraudulently to leliver a less quantity of amber than was ;ontracted for and represented, 2 Burr. 1125; W. Blackstone, 273 ; or to receive good bar ey to grind, and to return instead a musty nixture of barley and oatmeal, 4 Maule & 3. 214. See I. Gabbett, Crim. Law, 205 ; 2
east, Pl. Cr. 816. 7 Johns. N. Y. 201 ; 14 id. ril; 9 Cow. N. Y. 588 ; 9 Wend. N. Y. 187 ; Mass. 138 ; 1 Me. 387 ; 1 Yerg. Tenn. 76 ; 1 )all. Penn. 47 ; 1 Bennett & H. Lead. Crim. Jas. 1.
3. To cheat a man of his money or goods, )y using false weights or false measures, has teen indictable at common law from time mmemorial. 1 Gabbett, Crim. Law, 201 ; 3 ireenleaf, Ev. 86; 6 Mass. 72. In addition o this, the statute 33 Hen. V111. 1, which has teen adopted and considered as a part of the ommon law in some of the United States, and vhose provisions have been either recognized common law or expressly enacted in nearly 11 of them, was directed, as appears from its itle and preamble, against such persons as eceived money or goods, by means of counter sit letters or privy tokens in other men's lames. 6 Mass. 72; 12 Johns. N. Y. 292; 3 lreenleaf, Ev. 86. A "privy token," within he meaning of this statute, was held to denote ame real visible mark or thing, as a key, a ing, etc., and not a mere affirmation or pro use. And though writings, generally speak ig, may be considered as tokens, yet to be 'ithin this statute they must be such as 'ere made in the names of third persons, 'hereby some additional credit and confi ence might be gained to the party using lem. 2 East, Pl. Cr. 826, 827 ; 1 Gabbett, rim. Law, 206.
4. The word " cheat" is not actionable, Wen spoken of the plaintiff in relation to his profession or business. Heard, Lib. & Sland. fl 16, 28, 48; 6 Cush. Mass. 185; 2 Chitt. Bail, 657; 2 Penn. St. 187. See FALSE PRETENCES; TOKEN ; ILLITERATE.