Cheat

"Deceitful practices in defrauding or endeavoring to defraud another of his known right, by some willful device, contrary to the plain rules of common honesty." Hawk. P. C. bk. 2, c. 23, i 1. "The fraudulent obtaining the property of another by any deceitful and illegal practice or token (short of felony) which affects or may affect the public." It did not include mere false pretenses. East, 818. In order to constitute a cheat or indictable fraud, there must be a use of false tokens, false weights, or such other devices, or a prejudice received, and such injury must affect the public welfare, or have a tendency so to do. 2 East, P. C. 817; 1 Gabbett, Crim. Law, 199; 1 Deac. Crim. Law, 225.

"Deceitful practices in defrauding or endeavoring to defraud another of his known right, by some wilful device, contrary to the plain rules of common honesty." Hawk. Pl. Cr. b. 2, c. 23, § 1. The fraudulent obtaining the property of another by any deceitful and illegal practice or token (short of felony) which affects or may affect the public. In order to constitute a cheat or indictable fraud, there must be a prejudice received; and such injury must affect the public welfare, or have a tendency so to do; 2 East, Pl. Cr. 817; 1 Deacon, Cr. Law 225. It seems to be a fair result of the cases, that a cheat, in order to be indictable at common law, must have been public in its nature, by being calculated to defraud numbers, or to deceive or injure the public in general, or by affecting the public trade or revenue, the public health, or being in fraud of public justice, etc. And the other cases to be found in the books, of cheats apparently private which have been yet held to be indictable at common law, will, upon examination, appear to involve considerations of a public nature also, or else to be founded in conspiracy or forgery. Thus, it is not indictable for a man to obtain goods by false verbal representations of his credit in society, and of his ability to pay for them; Com. v. Warren, 6 Mass. 72; or to violate his contract, however fraudulently it be broken; Com. v. Hearsey, 1 Mass. 137; or fraudulently to deliver a less quantity of amber than was contracted for and represented; 2 Burr. 1125; 1 W. Bla. 273; or to deliver short measure of meal; 4 Maule & S. 214. See 2 East, Pl. Cr. 816; People v. Babcock, 7 Johns. (N. Y.) 201, 5 Am. Dec. 256; Com. v. Morse, 2 Mass. 138; Cross v. Peters, 1 Greenl. (Me.) 387, 10 Am. Dec. 78; Hill v. State, 1 Yerg. (Tenn.) 76, 24 Am. Dec. 441; Republica v. Powell, 1 Dall. (Pa.) 47, 1 L. Ed. 31; 1 B. & H. L. Cr. Cas. 1. Refusing to return a promissory note obtained for the purpose of examination is merely a private fraud; People v. Miller, 14 Johns. (N. Y.) 371. To cheat a man of his money or goods by using false weights or false measures, has been indictable at common law from time immemorial; 3 Greenl. Ev. § 86; Com. v. Warren, 6 Mass. 72. See Republica v. Powell, 1 Dall. (Pa.) 47, 1 L. Ed. 31. In addition to this, the statute 33 Hen. VIII. c. 1, which has been adopted and considered as a part of the common law in some of the United States, and the provisions of which have been either recognized as common law or expressly enacted in nearly all of them, was directed, as appears from its title and preamble, against such persons as received money or goods by means of counterfeit letters or privy tokens in other men's names; Com. v. Warren, 6 Mass. 72; People v. Johnson, 12 Johns. (N. Y.) 292; 3 Greenl. Ev. § 86; 2 Bish. Cr. L. 145. A "privy token," within the meaning of this statute, was held to denote some real visible mark or thing, as a key, a ring, etc., and not a mere affirmation or promise. And though writings, generally speaking, may be considered as tokens, yet to be within this statute they must be such as were made in the names of third persons, whereby some additional credit and confidence might be gained to the party using them; 2 East, Pl. Cr. 826, 827. The word "cheat" is not actionable, unless spoken of the plaintiff in relation to his profession or business; Odiorne v. Bacon, 6 Cush. (Mass.) 185; 2 Chit. Rep. 657; Rush v. Cavenaugh, 2 Pa. 187; 20 Up. Can. Q. B. 382; Ostrom v. Calkins, 5 Wend. (N. Y.) 263; Stevenson v. Hayden, 2 Mass. 406; Lucas v. Flinn, 35 Ia. 9. See Deceit; Fraud; False Pretenses; Token; Illiterate.

Swindling; defrauding, “Deceitful practices in defrauding or endeavoring to defraud another of his known right, by some wiliful device, contrary to the plain rules of common honesty.” Hawk. P. C. b. 2,¢. 23, § 1. “The fraudulent obtaining the property of another by any deceitful and illegal practice or token (short of felony) which affecis or may affect the public.” Steph. Crim. Law, 93. Cheats, punishable at common law, are such cheats (not amounting to felony) as are effected by deceitful or illegal symbols or tokens which may affect the public at large, and against which common prudence could not have guarded. 2 Whart. Crim. Law, § 1116; 2 East, P. C. 818,

* Cheats which are punishable at common law may be described to be deceitful practices in defrauding or endeavoring to defraud another of his known rights by means of some artful device, contrary to the plain rules of common honesty.^ Many acts which would be denounced as cheats by the principles of morality are not legally cheats.' To " cheat and defraud " does not necessarily import the commission of an indictable offense. Therefore, in charging a conspiracy to cheat and defraud, the means proposed must be set out, for the information of the court and of the defendant.' A cheat or fraud, indictable at common law, must be such as would affect the public, such as oom- 1 [8 Bl. Com. 385-86; 19 HI. 584; 13 Johns. '94. ' 2 Kent, 342. ■2B1. Com. 387. <2 Bl. Com. 386. See Insiu-anoe Co. v. Haven, 95 U. S. 251 (1877); Hyatt v. Vincennes Nat. Bank, 113 id. 415 (1885); Putnam »;. Westcott, 19 Johns. *76 (1821); 2 Kent, 342. 1 F. escheat: from fraud used by lords of manors to procure escheats. « Hawkins, PI. Cr., b. 1, c. 23, § 1. ' See People v. Miller, 14 Johns. '372 (1817). mon prudence cannot guard against: as, using false weights and measures (g. v.), or falsetotensla TuTor where there is a conspiracy to cheat Ti Technically, the offense is "false pretenses." Spoken of one in relation to his vocation, the word is defamatory and actionable.' See Covin; Deceit; Pretenses; Swindle.

criminal law, torts. <A cheat is a deceitful practice, of a public nature, in defrauding another of a known right, by some artful device contrary to the plain rules of common honesty. 1 Hawk. 343. To constitute a cheat, the offence must be, Ist, of a public nature; for every species of fraud and dishonesty in transactions between individuals is not the subject-matter of a criminal charge at common law, it must be such as is calculated to defraud numbers, and to deceive the people in general. 2 East, P. C. 816.—2. The cheating must be done by. false weights, false measures, false tokens, or the like, calculated to deceive numbers, 2 Burr. 1125; 1 W. BI. R. 273; Holt, R. 354.—3. That the object of the defendant in defrauding the prosecutor was successful. If unsuccessful it is a mere.attempt, (q- v-) When two or more enter into an agreement to cheat, the offence is a conspiracy, (q. v.)