43-41-8. Sale by finder of thing found. 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.Source: CivC 1877, § 1069; CL 1887, § 3693; RCivC 1903, § 1389; RC 1919, § 1012; SDC 1939, § 60.0206.
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