said, that this was clearly an injury to the public; and the fraud the more easily to be perpetrated, since it was the custom to take the barrels of bread at the marked weight, without weighing them again. Tho public, indeed, could not, by common prudence, prevent the fraud, as the defendant was himself the officer of the public pro hdc vice. They were, therefore, of the opinion, that the offence was indictable, (a) .
See the note to Respublica v. Sweers, ante, p. 45.