Furtum

Lat. Theft. The fraudulent appropriation to one's self of the property of another, with an intention to cemmit theft without the consent of the owner. Fleta, 1. 1, c. 36; Bract, fol. 150; 3 Inst. 107. The thing which has bcen stolen. Bract, fol. 151.

— Furtum conceptnm. In Roman law. The theft which was disclosed where, upon searching any one in the presence of wiinesses 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 theft 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. 150b.

— Furtum-oblatum. In the civil law. Offered theft. Oblatum furtum dicitur cum re furtiva ab aliquo Ubi oblata sit, eaque opud 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.

I.

In civil and old English law. Theft; a thing stolen. Furtum est contrectatio fraudulosa, lucri faciendi gratia\ vel ipsius rei, Tel etiam usus ejus, possessionisve: theft is the fraudulent handling or meddling with a thing, or the use or possession of it, for the sake of making gain. Furtum est contrectatio rei alienee frandulenta, cum animo furandi, invito illo domino cujus res ilia fuerit: theft is the fraudulent handling of another's property, with the intention of stealing it, against the will of its owner. Furtum mauifestum: manifest theft; — est ubi latro deprchensus est, seysitus de aliqno latrocinio, scilicet handhabende et bacberende: manifest theft is where a thief is caught with anf thing stolen in his possession, that is to say, having it in his hand, or carrying it on his back.

In the civil law. Furtum conceptnm: received theft; the offense of In Scots law. Fnrtnm gra Te: an aggravated degree of theft, anciently punished with death.

Lat. Theft. The fraudu- Jent appropriation to one’s self of the property of another, withan 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. -

Lat. Theft. Furtum est contrectatiofraudulosa, lucrifaciendi gratid, vel ipsius rei, vel etiam usus ejus, possessionisve. Theft is the fraudulent handling or meddling with a thing, or the use or possession of it, for the sake of making gain. Inst. 4. 1. 1. Bracton has borrowed some of the terms of this definition, but has otherwise considerably modified it. Furtum est contrectatio rei alienee fraudulenta, cum animofurandi, invito illo domino cujus res ilia fuerit. Theft is the fraudulent handling of another's property, with the intention of stealing it, against the will of its owner. Brnct, fol. 150 b. This is adopted by Lord Coke. 3 Inst. 107. See Theft, Contrectatio. A thing stolen. Si furtum in manu, vel sub potestate alicujus inveniatur; if the thing stolen be found in the hand or under the power of another. Bract, fol. 151 b. Several derivations of the word furtum are given in the dvil law, viz.: from fur^* vum, black or dark, because theft is committed privately, and generally in the night; or from fraus, fraud; or from ferendo or auferendo, taking away; or from the Gr. g>&Qa, theft. Inst 4. 1. 2.