Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-05-02

Riehts Of Finders to Keep Articlca That
Have Been Lost.


Tha era,no Of concealed wealth "a
.,,,- ~, o,..,,t ~ va,e ,,ccurrenco ~
cont In taios ~ romance ana adventures.
IA vas o,,,e not urcoun,on For when
cIv,li1ation WAC comnarativelv rude
ond tho ,,.,,,s ~ lrcoring valuahiea
vere i,nnarfect the earth was n favorite
n,1,ns.,,lace ~, trcosuree esncciallv
In ti,nes ~ war or ipvaslon The titie
40 sucb valuaIles when discovered ha.
been often the subject OF dispute
MONEY. cold silver or plate found hid.
dor IN ,he earth or In n secret nlace 4.
termed treasure-trove- the French
trouver. 10 find. such treasure. accord-
inc 10 the law Of England. was the
nropertv Of the hing and in this country.
strictly snealsino. once belonged TO the
state in which IL was found; but the
title of the state has not, for long
time n ever. been strongly asserted
AGAINST n fortunate finder
r,ost articles of value foupd upon the
s,rface ~ the earth or In the sea. are.
SO far as concerns every one but the
owner. the rropertv OF the one who
finds them. n thev are afterward
taken from him by another, the finder
can reclaim them as ~ he were the
owner.
A Achimnev-sveeper bov. living in
England more than one hundred years
AGO. had the fortune 20 find Jewel OF
unusual value. lie took IL TO a gold
smith. who. after looking at and weigh
inc Il. tried 70 buy IL from the boy for
N trifiing 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 level yvas concealed by the
| goldsmith. and he was directed by the
court TO nav the boy the price OF the
finest Jewel which could be fitted TO the
setting. This incident resulted in set
tlinp forever the right of a finder 10
the possession of his findings
In order to give the finder such a
claim, however. the article must have
been trulv lost II Il Inns been simply
mislaid. or nut in a particular place by
IN. owner and afterward left there
through his carelessness. il 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 IL;
and II the purse is afterward picked up
by another, the proprietor OF the shop
is said 10 have a better right to hold Il
than the one who found II.
But II the purse had been accidental.
ly dropped on the floor of the premises,
and afterward found there by GUS
toner. that would have been n real
case of losing. and the customer-if the
owner cannot be found-would have as
much right to keep the purse as II he
had found IL 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
of keeping il.
The purchaser of an old secretary or
bureau sometimes finds out away in a
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
trespasscr.
To keep what one has found is not an
absolute but special right, which the
true owner may dispute by demanding
his property and proving his claim 70
Il, 10 the reasonable satisfaction of the