FINDER. One who lawfully comes to the possession of another's personal
property, which was then lost.
2. The finder is entitled to certain rights and liable to duties which
he is obliged to perform. This is a species of deposit, which, as it does
not arise ex contractu, may be called a quasi deposit, and it is governed by
the same general rules as common deposits. The, finder is required to take
the same reasonable care of the property found, as any voluntary depositary
ex contractu. Doct. & St. Dial. 2, c. 38; 2 Bulst. 306, 312 S. C. 1 Rolle's
R. 125.
3. The finder is not bound to take the goods he finds; yet, when he
does undertake the custody, he is required. to exercise reasonable diligence
in preserving the property and he will be responsible for gross negligence.
Some of the old authorities laid down that "if a man find butler, and by his
negligent keeping, it putrify; or, if a man find garments, and by his
negligent keeping, they be moth eaten, no action lies." So it is if a man
find goods and lose them again; Bac. Ab. Bailment, D; and in support of this
position; Leon. 123, 223 Owen, 141; and 2 Bulstr. 21, are cited. But these
cases, if carefully examined, will not, perhaps, be found to decide the
point as broadly as it is stated in Bacon. A finder would doubtless he held
responsible for gross negligence.
4. On the other hand, the finder of an article is entitled to recover
all expenses which have necessarily occurred in preserving the thing found;
as, it a man were to find an animal, he would be entitled to be reimbursed
for his keeping, for advertising in a reasonable manner that he had found
it, and to any reward which may have been offered by the owner for the
recovery of such lost thing. Domat, 1. 2, t. 9, s. 2, n. 2. Vide Story,
Bailm. Sec. 35.
6. And when the owner20does not reclaim the goods lost, they belong to
the finder. 1 Bl. Com. 296; 2 Kent's Com. 290. The acquisition of treasure
by the finder, is evidently founded on the rule that what belongs to none
naturally, becomes the property of the first occupant: res nullius
naturaliter fit pimi[?] occupantis. How far the finder is responsible
criminally, see 1 Hill, N. Y. Rep. 94; 2 Russ. on Cr. 102 Rosc. Cr. Ev. 474.
See Taking.