from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
INVITO DOMINO, crim. law. Without the consent of the owner.
2. In order to constitute larceny, the property stolen must be taken
invito domino; this is the very essence of the crime. Cases of considerable
difficulty arise when the owner has, for the purpose of detecting thieves,
by himself or his agents, delivered the property taken, as to whether they
are larcenies or not; the distinction seems to be this, that when the owner
procures the property to be taken it is not larceny; and when he merely
leaves it in the power of the defendant to execute his original purpose of
taking it, in the latter case it will be considered as taken invito domino.
2 Bailey's Rep. 569; Fost. 123; 2 Russ. on Cr. 66, 105; 2 Leach, 913; 2
East, P. C. 666; Bac. Ab. Felony, C.; Alis. Prin. 273; 2 Bos. & Pull. 508; 1
Carr. & Marsh. 217; article, Taking.