The legal concept under which the whole area of the
responsibilies of persons having possession of chattels of
another is "BAILMENT."  This may help someone.

According to Mark Ast:
>
> At 07:34 PM 11/25/95 GMT, you wrote:
> >I read the abandoned property information from Indiana with some interest.
> >We have another type of abandoned object problem which I would like to
> >throw out to the list for comment.
> >
> >Our regional conservation center has several objects in our care which
> >received conservation treatment.  We have had no response from the owner
> >for nearly three years.
> >
> >The answering machine takes messages at the number of record.  Mail,
> >including registered mail, seems to be delivered correctly.  Still, the
> >owner has never contacted us.
> >
> >There is an outstanding balance due for our services, but at this point
> >it seems unlikely that it will ever be paid.  We have no written policy
> >regarding abandoned items, so it seems we cannot take possession of
> >these objects, either.
> >
> >Does any institution out there have an abandoned objects policy?  I am
> >also looking for suggestions on formulating one - how long must the piece
> >be left before it is considered abandoned, what constitutes sufficient
> >notice to the original owner, etc.?
> >
> >Thank you for your help!
> >
> >        Lorinda Gayle    [log in to unmask]
> >
> >
> Lorinda,
>
> The following occurs to me:
>
> Obviously, I know nothing of the specifics of the case, such as how well you
> know the party who submitted the item.
>
> It occurs to me, however, that you may be overlooking the real purpose of
> the putative "temporary abandonment." The outstanding bill may have little
> or nothing to do with it. It may be just a small part of the ruse.
> Considering the high cost of storage and insurance of valuable items, not to
> mention the difficulty of finding a really reliable facility, cultural
> institutions such as museums may fall victim to a subtle scam whereby a
> supposed customer for your services might obtain not only excellent
> conservation and other services but also years of free storage, insurance
> and all of that under the best and safest possible conditions, with the
> victimized institution being in every way responsible for the safe-keeping
> of the items.
>
> It seems to me that this is something likely enough to happen frequently to
> unwary institutions, to justify a survey to determine the facts.
>
> One way to avoid such a situation would be to have an effective agreement
> applicable to all items left in the custody of the institution for
> conservation or any other services or for possible loan. Such an agreement
> might state not only what is being left off, and for what purpose, and for
> how long; it might also include a release allowing the museum, after a given
> period of time,  to put the item into a specific commercial storage
> facility, a hold-harmless clause, the cost of any storage, insurance etc
> imputed to the party who left it behind, and interest on these charges.
>
> Do you think that this could be a frequent problem, and would it be
> worthwhile to have one of the related professional organizations do a survey
> or issue an advisory? Or am I being over-cautious?
>
> Mark
> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>
>
> Mark Ast, PhD
> Curator, B.W. Schlesinger Fdn.
> email:  [log in to unmask]
>