Thomas Glasby Waterman defines "fraud" in the 1825 The Justice's Manual.
Thomas Glasby Waterman, The Justice’s Manual: Or, A Summary of the Powers and Duties of Justices of the Peace in the State of New York; Containing a Variety of Practical Forms, Adapted to Cases Civil and Criminal (Binghamton: Morgan & Canoll, 1825), 175
Fraud is an offence at common law. To constitute this offence, however, the act done must effect the public—and be such an act as common prudence would not be sufficient to guard against; as the using of false weights and measures, or false tokens, or where there has been a conspiracy to cheat. The punishment is fine and imprisonment.