The daily morning journal and courier., 1894-12-12
THE LAW AS TO FINDINGS.
Some of the Legal Relations of Loser and
 Finde'.

Some of tho Legal Relations or Loser and
 Finde'.
 From tho Youths Companion.l
 The finding of concealed wealth is now an event of rare occurrence, ex- cept in tales of romance and adven- ture. It was once not uncommon. For when civilization was comparatively rude and the ways of keeping vAlua- bles were imperfect. the earth was a favorite hiding place for treasures. es- pecially in times of war or invasion. The title to such valuables when dis covered has been often the subject of dispute. Money, gold. silver or plate found hidden in the earth or in se- cret place is termed treasure trove- from the French trover, to find. Such treasure, according to the law of Eng land, was the property of the king, and In this country, strictly speaking, once belonged to the state in which 1t was found; but the title of the state has not for a long time. if ever. been strongly asserted against a finder.
 Lost articles of value found upon the 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 talk en from him by another. the finder can reclaim them as if he were the owner
 A chimney sweeper's boy living in England more than one hundred years ago had the fortune to find a jewel of unusual value. He took 1t to a gold smith, who, after looking at and weigh ing 1t, tried to buy 1t from the boy for a trifing sum. The lad refused the offer, the goldsmith returned to him the set ting. but would not give back the gem. 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 settling forever the right of 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 1t had been simply mislaid or put in a particular place by the owner and afterward left there through his carelessness 1t is not legal ly lost. A lady who leaves her purse on the counter of shop where she has been trading cannot be said to have lost 1t. and if the purse is afterward picked up by another the proprietor of the shop is said to have a better right to hold it than the one who found it. But if the purse had been accidentally dropped on the floor of the premises and afterward found there by a cus- toner, that would have been a real case of losing and the customer-if the owner. cannot be- efound-would, have as much right to keep the purse as if he had found 1t in the street. Tn order to be finder one must be aware 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 a secret drawer money or jewels long for gotten. 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, belong to him. but are rightly claimed by the person who first discovers them, whether he be the purchaser, a servant or any one else who is not a trespasser.
 To keep what one has found is not an absolute but a 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 1t. When the owner has offered definite reward, the finder may keep the lost article unless the re- ward is paid to him. But he cannot a reward where none is of- fered, nor can he hold the lost property as security for any expense incurred In keeping it, though he would be en- titled to be paid by the owner for such outlay. ..-.a.
 One who Is so fortunate as to find what belongs to another must always act honestly and with what the law calls "good faith" toward. the owner. If at the time of the finding he knows, or has the means of knowing, or be- Lieves 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 regards him no better than a thief. E
 On the other hand, if the owner does not appear, the finder acquires, at com mon law, an absolute title to the thing found, though by statute some of the states have fin various ways limited and regulated the gaining of such ti- tie.