Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-11-15
AsE FINDINGS KEEpfyGs.
What is the Custom and Law on Treasur
TrOve.


What is the Custom and Law on Treasure
Trove.
The finding OF concealed wealth Is
now an event of rare occurrence, exc !
in tales Of romance and adventure.
was once not uncommon. For ~
civilization was comparatively rud,
the ways of keeping valuables werc II.
perfect, the earth was a favorite hi <
place for treasures, especially in tines
of war or invasion. The title to such
valuables when discovered has been
often the subject of dispute. Money,
gold, silver or plate found hidden in the
earth or in secret place is termed treas
ure-trove-from the French trouver .
find. Such treasure, according 10 the
of England, was the property of ta3
King, and in this country strictly speak-
ing, once belonged to the State in which
it was found but the title of the State
has not, for a long time, If ever, been
strongly asserted against fortunate
finder.
Lost articles of value found upon the
surface of the earth, or in the sea, are,
owner, the property of the one =
finds them. Ii they are afterwards
from him by another, the finder
claim them as if he were the own
A chimney.sweeper's boy, liz
England more than one hundred 5
ago, had the fortune to fine jew II
unusual value He took it to adj y
smith, who, after looking at and W.
ing it, tried to buy it from the boy j
tTitling sum. The lad refusing tn +,
the goldsmith returned to him II y
ting, but would not give back the ea,
Upon the trial Of an action brought
by the boy against the goldsmith, the
value of the jewel was concealed by the
goldsmith, and he was directed by the
court to pay the boy the price Of the
finest jewel which could be fitted to the
setting. This incident resulted in set.
Ting forever the right of a finder to the
possession Of his findings.
In order to give the finder such a
claim, however, the article must have
been truly lost. If it has been simply
mislaid, or put in particular place by
the owner and afterward left til re
through his careiessness, it is not legally
lost.
A lady who leaves her purse on the
NbhltGl VI q Slltll W hNiC SiAO uus bCGIi
trading cannot Fa sal, to have lost il;
and II the purse Is afterward picked up
by another, the proprietor Of the shop is
said 10 have u better right to hold il
than the one who found 1t.
But if the purse had been accidentally
dropped on the floor of the premises,
and afterward found there by Gus.
toner, that would have been real case
of loosing, and the customer-if the
owner cannot be found-would have as
much rightto keep the purse as if he bad
found it in the street.
In order to be finder ore must be
aware that he has the thing in his
| possession, and he must show an in.
tention of keeping it.
The purchaser of an old secretary OF
bureau sometimes finds put away in d
secret drawer money or jewels long
| forgotten. To whom do they belong
| The seller did not know that they were
there, and showed no intention of claim
ing them when the furniture was in his
| possession. They cannot, therefore, be
long to him, hut are rightly claimed BY
the person who first discovers them
whether he be the purchaser, servant
| Vi hh ShO ClSS VINO 10 NOb q IrGS llhsbBT
To keep what one has found is not al
absolute but special right, which the
true owner may dispute by demanding
his property aud proving his claim to it
to the reasonable satisfaction of the per
son who holds it.
When the owner has offered definite
reward, the finder may keep the lost ar
ticle until the reward is paid to him
But he cannot demand reward wher,
none is offered, nor can he hold the los
property as security for any expense in
Cured in keeping it, though he woulC
be entitled to be paid by the owner TO
such outlay.
One who Is so fortunate as to fine
what belongs to another must Away
act honestly and with what the Law
calls good faith" toward the owner. |
at the time of the finding he knows, o
has the means of knowing, or believe
he can find out who the owner is, AM
makes no effort to discover him, Blu
Intentionally keeps or disposes Of tn
lost property, the law regards him as n,
better than thief.
On the other hand, if the owner doe
not appear the finder acquires, at com
mon law, an absolute title to the thin,
found, though by statute some OF tn
States have in various ways limited an
regulated the gaining Of such title.