Page:Halsbury Laws of England v1 1907.pdf/751

 — Part

II.

Gratuitous Bailment.

529

If, however, the finder actually takes it into his custody, at all. he is regarded as a depositary, unless he can show that he had good ground for believing that the owner intended to divest himself of

Sect.

i.

Deposit,

his property in the lost chattel (?/). If, however, when he finds the chattel, he really believes that the When owner, true owner cannot be ascertained, or has intentionally parted with the property in it, his duties as bailee towards the true owner become merged in his own possessory rights as finder (z).

The

finder of a chattel is guilty of larceny if he takes it meaning it to himself, knowing or having reasonable grounds for believing that the owner can be found. But if, when he takes it, he has reason to believe that the owner has abandoned it or that he

When

thief.

to appropriate

cannot be found, a subsequent conversion of it after discovery of the owner is not larceny (a). If a bailee intrusted with a chattel for a specific purpose, such as Finding by bailee. its reparation or alteration, finds concealed therein some property the presence of which therein was unknown to the true owner at the time when he delivered the chattel over, such property belongs And if the to the owmer of the chattel and not to the bailee (b). bailee commits some act in regard to the concealed property not warranted by the purpose for which the chattel was delivered to him, such unwarranted act amounts to a conversion {b). So, if a person purchase a chattel, such as a writing desk or By purchaser, bureau, and subsequently to the purchase find concealed therein property the existence of which was unknown to both buyer and seller at the time of the purchase, such property as a rule belongs to the seller of the chattel and not to the buyer, who is merely a bailee of it (c). But in each case the actual rights of the parties to the property are questions of fact to be deduced from the condiand an important tions or circumstances attendant on the sale factor in determining the question is the honest belief of the purchaser as to what was to be conveyed to him at the time he made the bargain (c).

Compare (y) Isaack v. Glark (1609), 2 Biilst. 306, per Lord Coke, at p. 312. Story on Bailments, ss. 85 87. [z) " If one is possessed of a jewel, and casts it into the sea or a public highway, this is such an express dereliction, that a property will be vested in the first fortunate finder that will seize it to his own use. But if he loses or drops it by accident, it cannot be collected from thence that he designed to quit the possession, and therefore in such a case the property still remains in the loser, who may claim it again of the tinder " (2 Bl. Com. 9). B. v. Glyde (1868), L. R. {a) B. V. Thurborn (1849), 1 Den. C. C. 387, 396 B. v. Deaves (1869), 3 Ir. K. 1 C. C. E. 139, per Cockburn, C.J., at p. 144 See also title Criminal Law and C. L. 306, and cases referred to therein.

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Procedure. ''If (6) Cartiuright y. Green (1803), 8 Ves. 405, per Lord Eldon, at p. 409: a pocket-book containing bank notes was left in the pocket of a coat sent to be mended, and the tailor took the pocket-book out of the pocket, and the notes So if out of the pocket-book, there is not the least doubt that is a felony. the pocket-book were left in a hackney coach, if ten people were in the coach in the course of the day, and the coachman did not know to which of them it belonged, he acr[uires it by finding it, certainly, but not being intrusted with it for the purpose of opening it, that is a felony according to the modern cases." (c)

Merry

H.L.

—

I.

v.

Green (1841), 7 M.

& W.

623,

where a person purchased,

MM

at a