The Republican. [volume] (Oakland, Md.) 1877-current, 1894-12-20
LOSING AND FINDING.
Rights of Finders to Keep Articles That
Have Been Lost.

Rights or FINDERS to Keep Articles That
Have Been Lost.
The finding of co,,cealed wealth -
NOW an event of rare occurrence, ex-
cept in tales of romance and adventure.
1t was once not uncommon. For when
civilization was comparatively rude,
and the ways of keeping valuables
were imperfect, the earth was a favOrite
hiding-place for treasures, especiHlly
in times of war or invasion. The title
to such valuables when discovered has
been often the subject of dispute.
Money, gold. silver or plate found hid
den in the earth or in a secret place is
termed treasure-trove-fro the French
trouver to find. Such treasure. accord
ing 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; 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,
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 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 it to a gold
smith, who, after looking at and weigh
ing it. tried to buy it from the boy for
a trihing 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 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
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 there
/ through his carelcssness, it is not legal
/ ly lost.
A lady who leaves her purse on the
counter of a shop where she has been
| trading cannot be said to have lost it;
and if the purse is afterward picked up
/ by another, the proprietor of the shop
is said to have better right to hold it
/ than the one who found it.
But if the purse had been accidental
| ly dropped on the floor of the premises,
and afterward found there by a GUS
toner 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.
| In order to be finder one must be
aware that he has the thing in his pos
session, and he must show an intention
of keeping it.
The purchaser of an old secretary or
bureau sometimes finds put away in
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
claiming them when the furniture was
in his possession. They cannot, there
fore, belong to him, but are rightly
claimed by the person who first discov-
ers 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 it.
When the owner has offered def
mite reward the finder may keep the
| lost article until the reward is paid to
him. But he cannot demand a reward
where none is offered, nor can he hold
! the lost property as security for any
expense incurred in keeping it, though
| he would be entitled to be paid by the
owner for suCn outlay
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-
iieves he can find out, who the owner
is, ard makes no effort to discover him,
but Intentionally keeps or disposes OF
the lost property the law regards him
as no better than thief,
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 in various ways limited
and regulated the gaining of such
title.-YOuth's Companion.
CoIored Plaster for Walls.
ColoTd plaster is now so frequently
used for finishing the walls of new
L. Il