^86 THE ADVENTURES OF A GENTLEMAN 



of the action for deceit. "I agree," said his Lord- 

 ship, "that an action cannot be supported, for telling 

 a bare, naked lie ; but that I define to be, saying a 

 thing which is false, knowing or not knowing it to 

 be so, and without any design to injure, cheat, or 

 deceive another person. Every deceit comprehends 

 a lie ; but a deceit is more than a lie, on account of 

 the view with which it is practised : its being coupled 

 with some dealing, and the injury which it is calcu- 

 lated to occasion, and does occasion to another 

 person." His Lordship then quotes some reported 

 cases, and proceeds, '' These cases then, are so far 

 from being authorities against the present action, 

 that they show, that if there be fraud or deceit, the 

 action will lie ; and that knowledge of the falsehood 

 of the thing asserted is fraud or deceit : collusion 

 then, is not necessary to constitute fraud. Li the 

 case of a conspiracy, there must be collusion between 

 two or more, to support the indictment ; but if one 

 man alone be guilty of an offence, which, if practised 

 by two, would be the subject of an indictment for a 

 conspiracy, he is civilly liable in an action for repa- 

 ration of damages, at the suit of the person injured." 

 It is also to be noticed in this case, that the period 



