The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-23

strongly asserted against fortunate
Lost articles Of value found upon the
surface OF the earth or In the sea. are,
so far az concerns everyone but the
owner the property Of the one wf5
taken IL ON him by another the finder
IN reclaim them as if he were the
owner.
The chimney sweeper's boy, living in
London more than 100 years ago, had
tse fortune to find a jewel OF unusual
va Tue. He took 1t to goldsmith. who.
after looking at and Weighing 1t, tried
to buy 1t from the boy Tor trifiing
5 sum. The lad refusing the offer the
goldsmith returned 10 him the setting
but would not give back the gem.
Upon the trial of an action Drought
by the boy against the goldsmith. the
value OF the jewel was colcea d 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 incidsnt 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. IL 1t mas been simply
miSlaid or put in a particular place BY
the owner and afterwards left there
through his carelessnessi it is not legal
~ 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 a better right to
hold it than The one who found It.
But If the purse had bean accident lily
dropped on the floor of the PREMISE,
and afterward found there by Gus
toner. that would have been a real
+ case OF losing. and the custemer-if the
owner cannot be found would have as
much right to keep the purse as if he
mad found 1t in, the street.
In order to be a finder one must be
aware that he has the thing in his pos
session, and he must show an intention
to keeping it.
The purchaser of an old secretary or
bureau sometimes finds put away in a
secret drawer money or jewe.s long for
gotten. To whom do. they belong?
The seller did not know 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, but are rightly claimed by
the person who first discovers them,
whether he be the purchaser, servant.
or anyone else who is not a trespasser.
To keep what one has found is not an
absolute, but a special right, which the
his property and proving his claim to
1t to the reasonable satisfaction of the
person who holds 1t.
When the owner has offered definite
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 ex-
psnse incurred in keeping it, though
he would be 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 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
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 regards him
as no better than a 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 a title.
MIR. BLAND HOPES FOR ACTION.