Case 5. Title by Finding

Caius bought an antique cabinet from a dealer in old goods and handed it over to Julius, a workman, to be repaired. But while Julius was applying himself to the work, he found in a certain secret compartment a banknote whose value was five pounds sterling; from various indications it was evident that the money had lain hidden there for a long time, but Julius doubted whether he could retain it as his own or not. Hence it is asked:

1. Is finding a title of ownership, and under what conditions?

2. Is the title of the former owner of the thing found extinguished by prescription?

3. What is to be said of the case?

1. Is finding a title to ownership and on what conditions ?

Finding of things of value which have no owner is a valid title to ownership if the finder takes possession of them with the intention of making them his own. Things recently lost, which have an owner although he is unknown, may be taken possession of by the finder, who should then use ordinary diligence to find the unknown owner. If the owner be discovered, his property must be restored to him. If he can not be discovered, after a reasonable time the property belongs to the finder.¹

1 Manual of Moral Theology, vol. i, p. 371 and following.

2. Is the title of the previous owner of lost property destroyed by prescription ?

The answer to this question will depend on the law of the country. Prescription of a longer or shorter time gives a title to movables according to canon law and the civil law of most modern nations. According to English law ownership in movables can not be acquired by prescription, which is only recognized as a title to certain rights for the most part in another person’s land.

3. The case. Caius bought an old bureau and sent it to a workman, Julius, to mend. Julius found in a secret drawer of the bureau a five-pound note which had obviously been there for a long time. Julius was in doubt as to whether he could keep the note.

We may suppose that the note was in the drawer when Caius bought the bureau, and that neither seller nor buyer knew of its existence. From all appearances it had lain there for a long time. If there was any reasonable chance of discovering the owner of the note, however long ago it was lost, steps should be taken for that purpose. But usually it is not easy to trace the history of such pieces of old furniture, and if this is true of the bureau in question, it would be practically impossible to find the original owner of the bank-note. Julius may, then, say nothing about his find and keep it.