1869. When finder may sell.

1865. Finder, property, generally. 1870. Sale, how made. 1866. Claimant, prove ownership. 1871. Ownership going to finder. 1867. Reward, to finder. 1872. Property abandoned.

1868. Finder may place in stor

age.

1864. One who finds a thing lost is not bound to take charge of it, but if he does so he is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire.

1865. If the finder of a thing, other than a domestic animal, takes possession thereof, or if a person saves any such animal from drowning or starvation, he must, within a reasonable time, inform the owner thereof, if known, and make restitution to him upon demand, without compensation, except a reasonable charge for saving and caring therefor. If the owner is not known to such finder or saver, he must, within five days, file an affidavit with the justice of the peace of the county whose office is nearest to the place of such finding or saving, particularly describing the property and the time, place, and circumstances under which it was found or saved. Such justice must then summon three disinterested persons to appraise the property. They, or a majority of them, must make two lists of the valuation and description of the property, by them verified, and deliver one of such lists to the justice of the peace, to be kept by him on file in his office, and the other list must be delivered to such finder or saver, who must, within five days thereafter, cause it to be filed for record in the office of the county recorder of the county, who must record it in a book known as the "Estray and Lost Property Book." 1905-613.

1866. The finder of a thing may, in good faith, before giving it up, require reasonable proof of ownership from any person claiming it.

1867. The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it.

1868. The finder of a thing may exonerate himself from liability at any time by placing it on storage with any responsible person of good character, at a reasonable expense.

1869. The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot, with_reasonable diligence, be found, or being found, refuses upon demand to pay the lawful charges of the finder, in the following cases:

1. When the thing is in danger of perishing, or of losing the greater part of its value; or,

2. When the lawful charges of the finder amount to two-thirds of its value.

1870. A sale under the provisions of the last section must be made in the same manner as the sale of a thing pledged.

1871. If no owner appears within six months after such finding or saving and offers reasonable proof of his ownership, and compensates, or in good faith offers to compensate, the finder or saver for the expense necessarily incurred by him, then such property vests in such finder or saver, unless it is of greater value than twenty dollars. If of such greater value, he must publish a copy of such verified list for three successive weeks in some newspaper of general circulation published in the county, and if the owner does not, within one year after the completion of such publication, prove the property and pay, or in good faith, offer to pay, all charges thereon, the title thereto vests in such finder or saver. the finder or saver of property does not comply with the provisions of section eighteen hundred and sixty-five, or if, though he does so comply, he refuses to surrender the property to an owner who has made reasonable proof of ownership, and paid, or in good faith offered to pay, all legal charges thereon, he is liable to the owner for double the value of the property, and the owner may exonerate himself from all liability arising out of such property by surrendering, or offering to surrender, it in satisfaction thereof. 1905-614.

If

1872. The provisions of this article have no application to things which have been intentionally abandoned by their owners.

Section

CHAPTER III.

Deposit for Exchange.

1878. Relations of parties.

1878. A deposit for exchange transfers to the depositary the title to the thing deposited, and creates between him and the depositor, the relation of debtor and creditor merely.

1884. A loan for use is a contract by which one gives to another the

temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use.

1885. A loan for use does not transfer the title to the thing; and all its increase during the period of the loan belongs to the lender.

1886. A borrower for use must use great care for the preservation in safety and in good condition of the thing lent.

1887. One who borrows a living animal for use, must treat it with great kindness, and provide everything necessary and suitable for it.

1888. A borrower for use is bound to have and to exercise such skill in the care of the thing lent as he causes the lender to believe him to possess.

1889. A borrower for use must repair all deteriorations or injuries to the thing lent, which are occasioned by his negligence, however slight.

1890. The borrower of a thing for use may use it for such purposes only as the lender might reasonably anticipate at the time of lending. 1891. The borrower of a thing for use must not part with it to a third person, without the consent of the lender.

1892. The borrower of a thing for use must bear all its expenses during the loan, except such as are necessarily incurred by him to preserve it from unexpected and unusual injury. For such expenses he is entitled to compensation from the lender, who may, however, exonerate himself by surrendering the thing to the borrower.

1893. The lender of a thing for use must indemnify the borrower for damage caused by defects or vices in it, which he knew at the time of lending, and concealed from the borrower.

1894. The lender of a thing for use may at any time require_its return, even though he lent it for a specified time or purpose. But if, on the faith of such an agreement, the borrower has made such arrangements that a return of the thing before the period agreed upon would cause him loss, exceeding the benefit derived by him from the loan, the lender must indemnify him for such loss, if he compels such return, the borrower not having in any manner violated his duty.

1895. If a thing is lent for use for a specified time or purpose, it must be returned to the lender without demand, as soon as the time has expired, or the purpose has been accomplished. In other cases it need not be returned until demanded.

1896. The borrower of a thing for use must return it to the lender, at the place contemplated by the parties at the time of lending; or if no particular place was so contemplated by them, then at the place where it was at that time.

1902. A loan for exchange is a contract by which one delivers personal property to another, and the latter agrees to return to the lender a similar thing at a future time, without reward for its use.

1903. A loan, which the borrower is allowed by the lender to treat as a loan for use, or for exchange, at his option, is subject to ali the provisions of this chapter.

1904. By a loan for exchange the title to the thing lent is transferred to the borrower, and he must bear all its expenses, and is en titled to all its increase.

1905. A lender for exchange cannot require the borrower to fulfill his obligations, at a time, or in a manner, different, from that which was originally agreed upon.

1906. Sections eighteen hundred and ninety-three, eighteen hun dred and ninety-five, and eighteen hundred and ninety-six, apply to a loan for exchange.

1913. Loan repaid current money. 1916. Annual rate.

1914. Interest on Loan.

1912. A loan of money is a contract by which one delivers a sum. of money to another, and the latter agrees to return at a future time a sum equivalent to that which be borrowed. A loan for mere use is governed by the chapter on loan for use.

1913. A borrower of money, unless there is an express contract to the contrary, must pay the amount due in such money as is current at the time when the loan becomes due, whether such money is worth more or less than the actual money lent.

1914. Whenever a loan of money is made, it is presumed to be made upon interest, unless it is otherwise expressly stipulated at the time in writing. 1873-244.

1915. Interest is the compensation allowed by law or fixed by the parties for the use, or forbearance, or detention of money. 1873-245.

1916. When a rate of interest is prescribed by a law or contract, without specifying the period of time by which such rate is to be calculated, it is to be deemed an annual rate.

1925. Hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter agrees to return the same to the former at a future time.

1926. The products of a thing hired, during the hiring, belong to the hirer.

1927. An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same.

1928. The hirer of a thing must use ordinary care for its preservation in safety and in good condition.

1929. The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care. 1905-614.

1930. When a thing is let for a particular purpose the hirer must not use it for any other purpose; and if he does, he is liable to the letter for all damages resulting from such use, or the letter may treat the contract as thereby rescinded. 1905-614.

1931. The letter of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon:

1. When the hirer uses or permits a use of the thing hired in a manner contrary to the agreement of the parties; or,

2. When the hirer does not, within a reasonable time after request, make such repairs as he is bound to make.

1932. The hirer of a thing may terminate the hiring before the end of the term agreed upon:

1. When the letter does not, within a reasonable time after request, fulfill his obligations, if any, as to placing and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or,