Clearwater Lake Topics: Found/Missing/Damaged/Sunken Boats
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Name:
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Kizma Anuice
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Subject:
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Found/Missing/Damaged/Sunken Boats
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Date:
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5/4/2011 2:27:19 PM
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but
Section 35-12-1When finder becomes depositary.
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. Section 13A-8-12Defenses to prosecutions for theft and unauthorized use of vehicle.
(a) It is a defense to a prosecution under Sections 13A-8-2 through
13A-8-11 (theft of property, theft of lost property, theft of services
and unauthorized use of vehicle) that the actor honestly believed that
he had a claim to the property or services involved which he was
entitled to assert in the manner which forms the basis for the charge
against him. Why would the finder of lost property not be able to defend against your charge by claiming the rights of a depositary?
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