CHATTELS, property. A term which includes all hinds of property, except the
freehold or things which are parcel of it. It is a more extensive term than
goods or effects. Debtors taken in execution, captives, apprentices, are
accounted chattels. Godol. Orph. Leg. part 3, chap. 6, Sec. 1.
2. Chattels are personal or real. Personal, are such as belong
immediately to the person of a man; chattels real, are such as either
appertain not immediately to the person, but to something by way of
dependency, as a box with the title deeds of lands; or such as are issuing
out of some real estate, as a lease of lands, or term of years, which pass
like personally to the executor of the owner. Co. Litt. 118; 1 Chit. Pr. 90;
8 Vin. Ab. 296; 11 Vin. Ab. 166; 14 Vin. Ab. 109; Bac. Ab. Baron, &c. C 2; 2
Kent, Com. 278; Dane's Ab. Index, h.t.; Com. Dig. Biens, A; Bouv. Inst.
Index, h.t. CHEAT, 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.
2. To constitute a cheat, the offence must be, 1st. 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; 7 John. R. 201; 14 John. R. 371; 1 Greenl. R.
387; 6. Mass. R. 72; 9 Cowen, R. 588; 9 Wend. R. 187; 1 Yerg. R. 76; 1 Mass.
137. 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. Bl.
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.) 2 Mass. 139. When
two or more enter into an agreement to cheat, the offence is a conspiracy.
(q.v.) To call a man a cheat is slanderous. Hetl. 167; 1 Roll's Ab. 53; 2
Lev. 62. Vide Illiterate; Token.
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