The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1894-12-07
THE LAW AS TO FINDINGS.
When Ia Thing Lost, and When May tn,
Finder LekAllY keep IT,

When is y Thing Lost, and When May the
Finder Legally Keep IT.
The finding Of concealed wealth is now
| an event of rare occurrence, except in
| tales of romance and adventure. 1t was
once not uncommon. For when civilians
| ton was comparatively rude and the
! ways of keeDing valuables were imper-
| feet, the earth was Il favOrite hiding
place for treasures, especially in times Of
! war or invasion. The title to such valu-
| ables when discovered has been often the
subject of dispute. Money, gold, silver,
or plate found hidden in the earth or in
| y secret place is termed treasure trove-
from the FRENCH trouyer. to find: Such
| TREASURES. according to the law of England.
| was the property Of the King. and in this
country, strictly speaking, once belonged
to the state in which it was found; hut
the title of the state has not for Il long
time, it ever, been strongly asserted
against finder.
surface of the earth, or in the sea, are, so
far as concerns every one but the owner,
the property of the one who finds them.
If they are afterward taken from him by
| another. the finder can reclaim them as il
| he were the owner.
\ chimney, sweeler's boy living in Eng
| land more than 100 years ago. had the
fortune to find Il jewel of unusual value.
He took it to goldsmith, who, after
looking ut and weighing it, tried to buy it
from the hoy for Il tritling sum. The lad
refusing the offer, the goldsmith returned
to him the setting. but would not give
back the gem. Upon the trial of an act
ton brought by the boy against the gold
smith. the value of the jewel was con-
cealed by the goldsmith. and he was d.
rected by the court to pay the boy the
price ct the finest jewel which could be
fitted to the setting This incident result
ed in settling forever the right of Il finder
to the possession Of his findings.
In order to give the finder such claim,
however. the article must be truly lost
If it has simply been mislaid or put in Il
particular place by the owner and after
ward left there through his carelessness
1t is not legally lost. a lady who leaves
her purse ON the counter of II shop where
she has been trading cannot be said to
have lost it. and if the purse is afterwaM
picked up by another the proprietor of the
it than the one who found it. But if the
purse has been accidentally dropped on
the floor Of the premises, and afterward
found there by Il customer. that would
have been a real case of losing. and the
| customer-if the owner cannot be found
would have as much right to keep the
purse as if he had found it in the street
that he has the thing in his possession
and he must show an intention of keeping
it.
The purchaser of an old secretary or
bureau sometimes finds put away in IL
secret drawer money or jewels long for
gotten. To whom do they belong? The
seller did not know that they We're there
and showed no intention of claiming
them when the furniture was in his pos
session. They cannot. therefore. belong
to him, hut are rightly claimed by the
person who first discovers them. whether
he be the purchaser. a servant or anyone
else who is not treSpasser.
10 keep what one has found is not an
absolute hut special right, which the
true owner may dispute by demanding his
property and proving his claim to it to
the reasonable satisfaction of the person
who holds it. When the owner had Of
keep the lost article until the reward IS
paid to him. But he cannSt demand a
reward where none is offered, nor can he
hold the lost property as security for any
cNpenS' incurred in keeping it. though he
would he entitled to be paid by the owner
for such outlay.
One who is so fortunate as to find what
belongs to another must always act hon
estly and with what the law calls "good
laun toward the owner. II, at the time
of the finding, he knows, or has the means
Of knowing. or believes he can find out
who the owner is. and makes no effort to
discover him. but Intentionally keeps or
diSposes of the lost property, the law re-
CARDS him as no better than thief
On the other hand, if the owner does
not appear, the finder acquires, ut COM
| mon law. an absolute title to the thing
found, though by statute some of the
Of in Il
regulated the gaining of such title
Youths C0mna11inn