Case 9. Whose is the Increment?

Caius had discharged the office of secretary for a certain society. But now, having been free of the office for several years, one day, led by curiosity, he was turning the leaves of a book which he had used for writing letters for the society when he found in the book stamps to be affixed to letters, of the value of one pound sterling. Recently, however, the form of the stamps had been changed more than once by governmental authority, and hence the value of the stamps found had increased tenfold among their collectors. Caius therefore asked his confessor whether he was bound to restore one pound or ten to the society to which the stamps belonged. Hence it is asked:

1. How are the fruits of a thing divided, and to whom do they belong?

2. What is the title of finding, and is prescription of things found granted by our law?

3. What is to be said of the case?

1. This question is answered above, p. 243.

2. See an answer to this question, p. 253.

3. The case. The stamps belonged to the company of which Caius had been secretary. However, by the unconscious action of Caius in keeping them for some years their value had increased tenfold. He is bound to restore to the company the value which belongs to it, viz., one pound. We may rest his title to keep what is over either on the ground that it is increment due to his own action, although unconscious, or on the ground of finding which may be applied at least to the surplus value of the stamps. As the stamps are a form of money, there is no obligation to restore them in their identity to the company any more than there would be an obligation to restore the identical coins lent, in the case of paying a debt. All that belongs to the company is the value which the stamps represented at the time when they were intended for use.