(xx) Newhall v. Paige, 10 Gray, 366.

(xy) Persch v. Quiggle, 67 Perm. St. 247.

(y) In Bridges v. Hawkesworth, 7 E. L. & E. 424, the plaintiff had picked up from the floor of the shop of the defendant a parcel of bank-notes, which he handed to the defendant to keep for the owner. They were advertised by the defendant; no one claimed them; three years elapsed; and the plaintiff demanded them, tendering the cost of the advertisement and an indemnity. The county court gave judgment for the defendant; and the Queen's Bench reversed the judgment.

(yy) M'Avoy v. Medina, 11 Allen, 548. (z) McLaughlin v. Waite, 5 Wend. 404.

1 A domestic servant in a hotel who finds a roll of bills in the public parlor is entitled to the bills as against the hotel-keeper, the owner not being found, Hamaker v. Blanchard, 90 Penn. St. 377; and also a servant in a paper-mill, as against the mill-owner, to money found by him in paper-stock, Bowen v. Sullivan, 62 Ind. 281. In Durfee v. Jones, 11 R. I. 588, deciding where the owner's agent offered an old safe to keep for sale, with the privilege of using, and the user on examination found a roll of bills between the casing and the lining, that as against the owner, the finder was entitled to retain the money, although the owner first demanded the money, and then the safe with its contents as delivered. Durfee, C. J., said that, "Ordinarily the place where lost property is found does not make any difference." The finder of lost goods, to be guilty of larceny, must at the time of finding have formed the intent of appropriating them to his own use, Griggs v. State, 58 Ala. 425; and the circumstances apparent at that time must determine whether he believed the owner could be found by reasonable diligence, Brooks v. State, 35 Ohio St. 46. See also State v. Dean, 49 la. 73.