Newspapers / Wilmington Morning Star (Wilmington, … / April 22, 1923, edition 1 / Page 21
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J. WHOLESALE GROCER . . An Up-to-Date T =SELLS ONLY TO DEALERS Finding Is Not Keeping But the Law Is Obscure Statute Says Finder of Lost P roperty Must Make “Every Rea sonable Effort” to Loc ate Owner, but Doesn’t Compel Him to Advertise (\ew York Post.) ' Finding is not keeping, under the law, despite the ancient bucolic^ma^ lm. That is lo say, the unintentional loss of an article by its owner, as dis tinguished from its voluntary abandon ment, does not divest the loser of title to it, nor does its finding confer title upon the finder. It may even be dan gerous for an honest finder of prop erty to keep it and treat it as his own. The present iaw considers that honest finders may become dishonest keepers. In fact, there is something quite de moraliizng in the finding of a bulky bank roll. Too often it stirs one’s primitive cupidity. Then money, which has no earmarks, is not disturbing to one’s sense of security. And when combined are found opportunity, temp tation. and a supposed immunity rfom detection, the voice of conscience must be strong, indeed, to make itself heard. What do we see when we examine the so-oalled “Lost and Found” columns«i>f the newspapers. A hundred losers seeking finders to one finder trying to discover the true owner of lost prop erty This condition is duo in part only to the weakness of human nature. The law is partly to blame, for while our 'statute makes it a crime for a finder of property to appropriate it to his own use without having first made "every j reasonable effort” to find the owner, it j does not specifically direct the finder of j lost property to adopt the most reason- | able course to find the owner, namely, j to advertise for him, and charge the j expense of the advertisement upon the proprty or its value. The finder may advertise; yes, at his own expense. But the loser, when discovered, is not ob ligated to reimburse Mn. Nor is it made the duty of a finder of lost prop erty to read the newspaper, or definite ly to do any other particular thing to Cleans floors, Walls, I Steps, etc. Scrub the cold-cellar with a RED Seal Lye solution of one teaspoonful to a bucket of water. Prevents fermen tation and mould, keeps vegetables and preserves sweet and good. Ideal for treating any grimy wall, steps or floor. Red SEAL Lye gives very fine results when used with white-wash on out - buildings, chicken houses and the like. Write for booklet describ ing uses. Full directions in each can. Be sure and buy only the genu ine RED SEAL • Lye. P. C. Toomb & Co. ruitu»u«.r*. find the loser. If the finder of an arti cles possesses knowledge or means oi Inffuiry, whatever this may exactly mean, he may not appropriate the property prior to reasonable efforts to discover the owner. That Is all the law says, according to an article in the New York Law Review for April. Under early decisions, no actual find er of property was deemed guilty of larceny or embezzlement, the theory bein gthat the original coming into possession was not unlawful, irrespec tive of a subsequent conversion or un lawful withholding. People vs. Anderson (14 Johns, 294) decided In the year 1817. was a prose cution for the alleged theft of a trunk, lost from a coach In the highway. It was held that in taking and keeping the trunk the deefndant was not guilty of larceny, the court holding that the prisoner found the trunk bona fide, and consequently, that It had been lost by Its proprietor, and that the bona fide finder of a lost article, or of a lost trunk containing goods, cannot be guilty of larceny by any subsequent act of his in concealing or appropriat ing to his own use the article, or the contents of a trunk thus found. In People vs. McGarren (17 Wend. 460) decided In the year 1887, a differ ent sort of case was Involved and a different result reached. Here the com plainant left his whip In the defend ant’s store. The defendant, knowing whose property It was, denied knowl edge of the article, when the complain ant-sought to reclaim it. For this the defendant was convicted of larceny. Case of a Lost Wallet. In People vs. Cogdell (13 Gill 94 1841) it appeared that one Warren lost his pocketbook on the highway; and the defendant found and concealed It with the bills, fraudulently and with intent, as the prosecution insisted, to convert the whole to his own use The evidence was entirely sufficient to warrant the jury In so finding. Nevertheless, the defendant was acquitted. The court thus reefrs to certain language in the M'Garren case ,to the effect that the finder may be guilty where the finder may be guilty wheer he knows the owner of the property. "All we asserted there was that prob ably the rule must be confined to such a case as the present, wheer It does not appear that the prisoner knew, or had the means of knowing the true owner; and cases were cited to that effect. One was where the pocketbook found was legibly marked with the owner's name, the finder being able to read. Such cases themselves Imply. If the owner has placed no mark about the proper ty and none Exists by which the find er can discover him, the case must still be considered, as It long has been, one of mere trover and conversion—not of larceny.” "In People vs. Swan (1 Park. Crlm. Rep. 9 1946) the deefndant was con victed for taking and keeping a pock etbook where it contained documents Identifying the owner, which the defen dant had examined. It is by no means oertain that the Legislature, In enacting the Penal Code in 1881, Intended merely to codify the existing rule. The statuts requires the finder to make "every reasonable ef Painful Rheumatic . Swellingr Disappear Dbcorenr Tell* Dragglati Not to Take a Cent of Anyone’s Honey Un less Allenrhu Completely Banishes All Rheumatic Pains and Twinge*. Mr. James H. Allen, of Rochester, N. Y., suffered for years with rheumatism. Many times this terrible disease left him helpless and unable to work. He finally decided, after years of ceaseless study, that no one can be free from rheumatism until the ac cumlated impurities, commonly called uric add deposits, were dissolved in the joints and muscles and expelled from the body. With this idea in mind he consulted physicians. made experiments and finally compounded a prescription that quickly and completely banished every sign and symptom of rheumatism from his syBtem. He fredly gave his' dlsovery, which he called ALLENRHU, to others who took It, with what might be called marvelous success. After years of urging he decided to let sufferers everywhere known about his disoovery through the newspapers. He has there fore Instructed druggists everywhere to dispense ALLENRHU with the un derstanding that If the first pint bot tle does not show the way 1 to com plete recovery he will gladly return youj, money without oomment. All druggists' can' supply you,—AdV.• r - fort” to find the owner in any case where he has either knowledge as to his identity or even “means of in quiry.” Assuming, then, that the law was changed in 1881, what does the statute niea'n? When has the finder exhausted “every reasonable effort to find the owner”? Advertising is cer tainly a "means of inquiry as to the true owner." Is he required to use this means? We do not find any satisfactory an swer to these questions under the de cisions of New York. But clearly there could be no duty to advertise lost property in the absence of the right to charge the expense upon the property. Examples of illiberality on the part of the losers of restored property op erate as a further deterrent to efforts to find owners. Not many weeks ago the papers contained the account of a child who returned a large roll of money to a wealthy woman, receiving twenty-five cents for the trouble. An even worse case is reported from Ore gon. Some boys, while cleaning an outbuilding, found $7,000 In gold ooin In an old tin box. In a trial of the case It developed that the defendants had demanded the box of coins from the boys, who tumed.lt over to him. Thereupon, the defendant said: "Here’s five cents, boys. We put the money there some time ago, and were going to buy something with It. Don't say anything about it, and the Lord will bless you;’’ In making this state ment the pious donor of the nickel lied. He had never put the money in the outhouse, and It is recorded that the i boys were allowed to recover it from | him. 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Wilmington Morning Star (Wilmington, N.C.)
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April 22, 1923, edition 1
21
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