FINDING AND KEEPING.

Poverty Bay Herald, Volume XXXIII, Issue 10574, 27 January 1906, Page 1 (Supplement)

FINDING AND KEEPING.

THE LAW ON THE SUBJECT

Some people seem to possess the most absurd notions with regard to property which has been lost; or mislaid, and many appear to have no difficulty m persuading themselves that the mere fact of finding an article gives them the right to keep it, without giving the owner any chance of recovering his property | In a recent ' article oh "Finding and Keeping," the Mercantile Gazette pertinently points out that a person who picks up an article m the street is entitled to it against all persons* but the rightful owner. If all efforts to. find the owner have been exhausted, tho finder may then lawfully retain the article, but still subject to be dispossessed pf by the rightful owner at any time within six years. If a person finds,something m the streets and converts it to his own Use with full knowledge that the property he has found belongs to a certain person, he is liable to criminal proceedings. The moment a finder of lost property does anything which is evidence of his intention to deprive the owner permanently of possession, he is guilty of a criminal act. The case, of course, is different if the circumstances under which the property is found gave no clue by which the finder can discover the owner. Property found upon the land of any person,, prima facie belongs to -the ownelvsdlong as it is noti what is known m .law as treasure trove. If, therefore, a person,.in walking oyer another's land can recover the article so found, or its value, . from any person but the real. owner detaining it. The person who finds an article lias the right to its possession until the lawful owner is found, and may,, by virtue of this right, bring an action against anyone who detains it. In England, gold or silver coin, plate, or bullion found concealed m a house or other private place, the owner whereof is unknown, is treasure trove, and belongs prima facie to the Grown. So does treasure found "m," not *= "on," the earth, or other private place, the owner being unknown. Treasure found m the sea is not treasure trove.