Lat. Theft. The fraudulent appropriation to one’s self of the property of another, with an Intention to commit theft without the consent of the owner. Fleta, 1. 1, c. 36; Bract fol. 150; 3 Inst 107.
The thing which has been stolen. Bract, fol. 151. Furtum conceptum. In Roman law. The theft which was disclosed where, upon searching any one in the presence of witnesses in due form, the thing stolen was discovered in his possession. Furtum grave. In Scotch law. An aggravated degree of theft, anciently punished with death. It still remains an open point what amount of value raises the thert to this serious denomination. 1 Broun, 352, note. See 1 Swint. 467. Furtum manifestum. Open theft. Theft where a thief is caught with the property in his possession. Bract, fol. 1505. Furtum oblatunt. In the civil law. Offered theft. Oblatum furtum dicitur cum res furtiva ab aliquo Ubi oblata sit, eaque apud te concepta sit. Theft is called “oblatum” when a thing stolen is offered to you by any one, and found upon you. Inst. 4, 1, 4.
Furtum est contreotatio rei aliens fraudulenta, onm auimo fur audi, invito illo domino oujus res ilia fuorat. 3 Inst. 107. Theft is the fraudulent handling of another’s property, with an intention of stealing, against the will of the proprietor, whose property it was.
Furtum non est ubi initium babet detentionis per dominium rei. 3 Inst. 107. There is no theft where the foundation of the detention is based upon ownership of the thing.