§ 1. When property considered lost. b. Property is usually considered lost in a legal sense when the possession has been casually and involuntarily parted with, as in the case of an article accidentally dropped by the owner. Kuykendall v. Fisher, 8 L.R.A. (N.S.) 94, 61 W. Va. 87, 56 S. E. 48. c. Money or other property voluntarily laid down and forgotten is not, in legal contemplation, lost, and the owner of the shop, bank, or other place where it is left is the proper custodian rather than the person who happens to discover it, or any other person except the owner. Foster v. Fidelity Safe Deposit Co. L.R.A.1916A, 655, 264 Mo. 89, 174 S. W. 376. d. Money on a desk in a private compartment of a safe deposit company is not lost, although the person who left it there is not known, so as to entitle a customer who discovers it, to its custody as against the deposit company. Foster v. Fidelity Safe Deposit Co. L.R.A.1916A, 655, 264 Mo. 89, 174 S. W. 376. .... .ANIMALS, § 6 a, b. . APPEAL AND ERROR, 873 p. COTENANCY, § 31 d. EVIDENCE, § 1091 c. EVIDENCE, § 1690 c. INDICTMENT, ETC., § 66 d. .LARCENY, §§ 5, 12, 18. LIMITATION OF ACTIONS, § 136 TRIAL, § 346 c. TROVER AND CONVERSION, § 6 a. §.2. Duty and rights of finder. against finder thereof to whom prize is a. An interesting and instructive discussion as to the duty of the finder of lost articles may be found in Griggs v. States, 58 Ala. 425, 29 Am. Rep. 762. Brewer v. State, 30 L.R.A. (N.S.) 339, 93 Ark. 479, 125 S. W. 127. b. Lost property or treasure trove becomes the property of the finder as against everyone except the true owner. Roberson v. Ellis, 35 L.R.A. (N.S.) 979, 58 Or. 219, 114 Pac. 100. c. The finder of property is the substantial owner as against everyone except the actual owner. Williams v. State, 2 L.R.A. (N.S.) 248, 165 Ind. 472, 75 N. E. 875. d. The finder of lost property has the right to retain it against all persons except the true owner. Danielson v. Roberts, 65 (Annotated) | L.R.A. 526, 44 Or. 108, 74 Pac. 913. 9. The finder of lost property or treasure trove acquires, by the act of finding, no right of property therein as against the owner; but as against all other persons he is entitled to the possession thereof as a quasi depositary, holding for the owner. Kuykendall v. Fisher, 8 L.R.A. (N.S.) 94, 61 W. Va. 87, 56 S. E. 48. (Annotated) f. Property purposely abandoned by the original owner is restored to the common stock and thereafter becomes the property of the one who first discovers and takes it into his possession. Roberson v. Ellis. 35 L.R.A. (N.S.) 979, 58 Or. 219, 114 Pac. 100. g. In the absence of legislation upon the subject the title to lost goods, properly so termed and treasure trove belongs to the finder as against all the world except the true owner and ordinarily the place where it is found is immaterial. Weeks v. Heckett, 19 L.R.A. (N.S.) 1201, 104 Me. 264, 71 Atl. 858. h. Mere employment of one to remove property from the warehouse of the employer does not give the latter title to money which the employee finds in the warehouse during the performance of the work. Roberson v. Ellis, 35 L.R.A. (N.S.) 979, 58 Or. 219, 114 Pac. 100. i. The owner of a private warehouse to which only himself and his brother have access has no qualified title to money found there by an employee which does not belong to either himself or his brother, which will give him a right to its custody as against the employee. Roberson v. Ellis, 35 L.R.A. (N.S.) 979, 58 Or. 219, 114 Pac. 100. (Annotated) § 1. Generally. FINES. § 2. Disposition of proceeds and interest thereon. For keeping dog which does not wear collar, see .... For ignoring ruling of court, see .... ANIMALS, § 41 a. ANIMALS, § 42 e. APPEAL AND ERROR, 8 64 f. BUILDING AND LOAN ASSOCIA- Of carrier for failure to sell tickets on each car, see CARRIERS, § 698 a. Due process of law as to, see CONSTITUTIONAL LAW, §§ 621- ... CONTEMPT, § 70. COURTS, § 192 g 1. . CRIMINAL LAW, § 1 d. .. CRIMINAL LAW, § 49 e. CRIMINAL LAW, § 101 p. .. CRIMINAL LAW, VI. Discretion of mayor to order imprisonment of one convicted for violating ordinance until payment of fine, see Labor to pay, see Excessive fines, see CRIMINAL LAW, § 160 g. Fine and imprisonment as punishment for crime, see CRIMINAL LAW, § 176. Imprisonment until payment of, see Punishment in lieu of, see Recovery of, in action for debt, see Effect of pardon on, see Reasonableness of, see Duty of state's attorney to prosecute actions to recover, see Lien on, of state's attorney for compensation, see .. DISTRICT AND PROSECUTING Right of prosecuting attorney to commission on fines collected by him, see Effect of word "fine" in statute to determine rem- Enforcement of, in equity, see Exemptions as against, see Statute requiring fines for violation of game laws to be paid to warden of county, see Imprisonment for nonpayment of, see ... ATTORNEYS, § 10 d. DISTRICT AND PROSECUTING ELECTION OF REMEDIES, § 1 f. EXECUTION, § 5 b. GAME AND GAME LAWS, § 10 a. INJUNCTION, § 91 a, c, d. JUDGMENT, § 353 a. JUSTICE OF THE PEACE, § 13 a, d. By labor union to coerce members to join strike, see LABOR ORGANIZATIONS, § 4 c. § 1. Generally. a. The legislature has the power as appurtenant to its right to impose a fine or forfeiture, to prescribe the proceedings or adopt the means deemed by it most likely to result in the enforcement thereof. Southern Exp. Co. v. Com. ex rel. Walker, 41 L.R.A. 436, 92 Va. 59, 22 S. E. 809, aff'd in 168 U. S. 705, 42 L. ed. 1212, 18 Sup. Ct. Rep. 939. b. Va. Code, § 1220, fixing at $100, the minimum fine for the charge by an express company of rates greater than it is authorized to charge, and failing to prescribe a maximum limit, does not violate Va. Const. art. 1, § 11, prohibiting the imposing of excessive fines. Southern Exp. Co. v. Com. ex rel. Walker, 41 L.R.A. 436, 92 Va. 59, 22 S. E. 809, aff'd in 168 U. S. 705, 42 L. ed. 1212, 18 Sup. Ct. Rep. 939. c. A statute directing half of a forfeiture or fine to be paid to the informer does not violate Va. Const. art. 8, § 7, setting apart as a permanent literary fund "all fines collected." Southern Exp. Co. v. Com. ex rel. Walker, 41 L.R.A. 436, 92 Va. 59, 22 S. E. 809, aff'd in 168 U. S. 705, 42 L. ed. 1212, 18 Sup. Ct. Rep. 939. d. A pecuniary forfeiture under Va. Code, § 1220, for the charge by an express company for greater rates than it is authorized to charge, is not within Va. Const. art. 8, § 7, setting apart for a literary fund all fines collected for offenses committed against the State. Southern Exp. Co. v. Com. ex rel. Walker, 41 L.R.A. 436, 92 Va. 59, 22 S. E. 809, aff'd in 168 U. S. 705, 42 L. ed. 1212, 18 Sup. Ct. Rep. 939. e. A legislative grant of fines, forfeitures, and penalties accruing to a county, when it is a mere gratuity or privilege, without any consideration, can be revoked at any time. Watson Seminary v. County Ct. 45 L.R.A. 675, 149 Mo. 57, 50 S. W. 880. § 2. Disposition of proceeds and in a. In the absence of any constitutional or statutory provision directing otherwise, the must go to that government, whether naproceeds of fines and penalties imposed tional, state, county, or municipal whose laws or ordinances have been violated by the act or omission of the offender. Sey702, 38 Okla. 547, 134 Pac. 45. mour v. Oklahoma City, 47 L.R.A. (N.S.) b. Interest accumulating upon funds in the hands of a county clerk derived from fines and penalties should be divided among those entitled to the fines in proportion to their respective interests in the principal. Galpin v. Chicago, L.R.A.1917B, 176, 269 Ill. 27, 109 N. E. 713. Sheriff's liability for injury to by-stander by dis charge of revolver dropped by deputy, see ..... BONDS, § 70 n. Liability of carrier for loss of goods by explosion of firearm packed in the goods, see Evidence to justify shooting of, see Requirement as to proof of accidental character of injury by, see ..... Use of, as voluntary exposure or increase of hazard within accident insurance, see Handling firearms as affecting amount of benefit under accident policy, see Negligence in use of, see ... Contributory negligence of person injured by, see Parent's liability for negligence of minor child in use of, see Trespass for injury caused by accidental discharge of, see Question for jury as to reasonableness of excuse for shooting, see § 1. Generally. a. All persons are bound to take care in the use of firearms, to avoid injury to CARRIERS, § 511 k. INSURANCE, § 607. .INSURANCE, §§ 686, 692 e, f. INSURANCE, 8 720 i. PARENT AND CHILD, § 11 n, o. TRESPASS, § 2 g. TRIAL, § 74 d, e. others, in proportion to the probability of such an injury. Meers v. McDowell, 53 L.R.A. 789, 110 Ky. 926, 62 S. W. 1013. FIRE BOAT. Sufficiency of proof of negligence of captain of, see EVIDENCE, § 1483 m. |