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.