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North Dakota

NORTH DAKOTA CENTURY CODE. TITLE 60. WAREHOUSING AND DEPOSITS. CHAPTER 60-01. DEPOSITS - GENERAL PROVISIONS.

Statute Details
Printable Version
Citation: ND ST 60-01-34 to 43

Citation: NDCC 60-01-34 to 43


Last Checked by Web Center Staff: 01/2013

Summary:   These statutes comprise North Dakota's lost property provisions.


Statute in Full:

 

60-01-34 Finder - Depositary for hire - Assumption of ownership by finder.

60-01-35 Finder must notify owner.

60-01-36 Finder may require proof of ownership.

60-01-37 Compensation and reward to finder.

60-01-38 Storing releases finder from liability.

60-01-39 When finder may sell.

60-01-40 Manner of sale.

60-01-41 Claim against owner exonerated by surrender to finder.

60-01-42 Things abandoned by owner.

60-01-43. Deposit for exchange--Transfer of title

 

 

60-01-34 Finder - Depositary for hire - Assumption of ownership by finder.

One who finds a thing lost is not bound to take charge of it but, if the person does so, the person is thenceforward a depositary for the owner with the rights and obligations of a depositary for hire. Notwithstanding chapters 36-22 and 47-30.1 or any other provision of law, an individual who finds lost personal property or money and places the property or money in the custody of a law enforcement agency is entitled to assume ownership of the property or money if the property or money is not claimed by its owner within two years after the property or money was placed in the custody of the law enforcement agency.

Source: Civ. C. 1877, § 1064; R.C. 1895, § 4031; R.C. 1899, § 4031; R.C. 1905, § 5478; C.L. 1913, § 6040; R.C. 1943, § 60-0134; S.L. 2003, ch. 546, § 1.

 

60-01-35 Finder must notify owner.

If the finder of a thing knows or suspects who is the owner, the finder must give such owner notice of the finding with reasonable diligence. If the finder fails to do so, the finder is liable in damages to the owner and has no claim to any reward offered by the owner for the recovery of the thing nor to any compensation for the finder's trouble or expenses.

Source: Civ. C. 1877, § 1065; R.C. 1895, § 4032; R.C. 1899, § 4032; R.C. 1905, § 5479; C.L. 1913, § 6041; R.C. 1943, § 60-0135.

 

60-01-36 Finder may require proof of ownership.

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

Source: Civ. C. 1877, § 1066; R.C. 1895, § 4033; R.C. 1899, § 4033; R.C. 1905, § 5480; C.L. 1913, § 6042; R.C. 1943, § 60-0136.

 

60-01-37 Compensation and reward to finder.

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

Source: Civ. C. 1877, § 1067; R.C. 1895, § 4034; R.C. 1899, § 4034; R.C. 1905, § 5481; C.L. 1913, § 6043; R.C. 1943, § 60-0137.

 

60-01-38 Storing releases finder from liability.

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

Source: Civ. C. 1877, § 1068; R.C. 1895, § 4035; R.C. 1899, § 4035; R.C. 1905, § 5482; C.L. 1913, § 6044; R.C. 1943, § 60-0138.

 

60-01-39 When finder may sell.

The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner, with reasonable diligence, cannot 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.

Source: Civ. C. 1877, § 1069; R.C. 1895, § 4036; R.C. 1899, § 4036; R.C. 1905, § 5483; C.L. 1913, § 6045; R.C. 1943, § 60-0139.

 

60-01-40 Manner of sale.

A sale under the provisions of section 60-01-39 must be made as the sale of a thing pledged is made.

Source: Civ. C. 1877, § 1070; R.C. 1895, § 4037; R.C. 1899, § 4037; R.C. 1905, § 5484; C.L. 1913, § 6046; R.C. 1943, § 60-0140.

 

60-01-41 Claim against owner exonerated by surrender to finder.

The owner of a thing found may exonerate the owner from the claims of the finder by surrendering it to the finder in satisfaction thereof.

Source: Civ. C. 1877, § 1071; R.C. 1895, § 4038; R.C. 1899, § 4038; R.C. 1905, § 5485; C.L. 1913, § 6047; R.C. 1943, § 60-0141.

 

60-01-42 Things abandoned by owner.

The provisions of this chapter have no application to things which intentionally have been abandoned by their owner.

Source: Civ. C. 1877, § 1072; R.C. 1895, § 4039; R.C. 1899, § 4039; R.C. 1905, § 5486; C.L. 1913, § 6048; R.C. 1943, § 60-0142.

 

60-01-43. Deposit for exchange--Transfer of title

A deposit for exchange transfers to the depositary the title to the thing deposited and merely creates between the depositary and the depositor the relation of debtor and creditor.
CREDIT(S)

Codifications: Civ. C. 1877, § 1073; R.C. 1895, § 4040; R.C. 1899, § 4040; R.C. 1905, § 5487; C.L. 1913, § 6049; R.C. 1943, § 60-0143.



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