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Treasure Trove

finder, coroner and law

TREASURE TROVE, the legal expression for coin, bullion, gold or silver articles, found hidden in the earth, for which no owner can be discovered. (See CORONER.) As feudalism spread over Europe and the prince was looked on as the ultimate owner of all lands, his right to the treasure trove became, according to Grotius, jus commune et quasi gentium, in England, Germany, France, Spain and Denmark. In England for centuries the right to treasure trove has been in the Crown, who may grant it as a franchise. It is the duty of the finder, and indeed of any one who acquires knowledge, to report the matter to the coroner, who must forthwith hold an inquest to find whether the discovery be treasure trove or not. Concealment is an indictable offence. In the statute De officio coronatoris 1276 the coroner is enjoined to inquire as to treasure trove, and the Coroners Act of 1887 continues this power as heretofore. In Scotland the law is similar. Such articles are pre sumed to have once had an owner, and, in his absence, they belong, not to the finder but to the King. Their concealment is not a

criminal offence unless accompanied by intent to appropriate.

In India the Treasure Trove Act (16 of 1878) defines treasure as "anything of value hidden in the soil." The finder has three-fourths and the owner of the land one-fourth.

In the United States the common law, following English prec edent, would seem to give treasure trove to the public treasury, but in practice the finder has been allowed to keep it. In Louisi ana one-half goes to finder and one-half to owner of land. Mod ern French law is the same, as it is also in Germany, Italy and Spain.

See

Blackstone's Commentaries; J. Chitty, Prerogatives of the Crown (182o) ; J. Rankine, Landownership (new ed., 1909) ; J. Murray, Archaeological Survey of the United Kingdom (1896), containing copious references to the literature of the subject ; R. Henslowe Well ington, The King's Coroner (19o5—o6).