"Deceitful practices in de- anding or endeavoring to defraud another his known right, by some wilful device, ontrary to the plain rules of common tonesty." Hawk. Pl. Cr. b. 2, c. 23, § 1. The fraudulent obtaining the property ed another by any deceitful and illegal molice or token (short of felony) which Affects or may affect the public. In order to constitute a cheat or indict- ates fraud, there must be a prejudice recrved; and such injury must affect the public welfare, or have a tendency so to do; Past, PL. Cr. 817; 7; 1 Deacon, Cr. Law 225. It seems to be a fair result of the cases, Gat a cheat, in order to be indictable at cotamon law, must have been public in its asture, 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 is 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 eise 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; 6 Mass. 72; or to violate his con- tract, however fraudulently it be broken, 1 Mass. 187; or fraudulently to deliver a less quantity of amber than was contracted for and represented; 2 Burr. 1125; 1 W. Bla. 278; or to receive good barley to grind, and to return instead a musty mixture of barley and oatmeal; 4 Maule & S. 214. See 2 East, Pl. Cr. 816; 7 Johns. 201; 2 Mass. 188; 1 Me. 887; 1 Yerg. 76; 1 Dall. 47; 1 B. & H. L. Cr. Cas. 1. Refusing to return a promissory note obtained for the purpose of examination is merely a private fraud; 14 Johns. 871. 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; 6 Mass. 72. See 1 Dall. 47. In addition to this, the statute 83 Hen. VIII. 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 ex- pressly 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; 6 Mass. 72; 12 Johns. 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 con- sidered 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, un- less spoken of the plaintiff in relation to his profession or business; Heard, Lib. & Sl. §§ 16, 28, 48; 6 Cush. 185; 2 Chit. Rep. 657; 2 Pa. 187; 20 Up. Can. Q. B. 382; 5 Wend. 263; 3 Hill 139; 2 Mass. 406; 35 Ía. 6. See FALSER PETENCES; TOKEN; ILLITERATE.