Treasure-trove

Treasure-trove is the finding of hidden treasure in the earth; the word treasure meaning coin, gold or silver plate, or bullion. According to Roman law, treasure found by a man in his own land belonged to the finder; if found in the land of another, half was given to the owner of the land and half to the finder. By the law of England he who finds such things hidden in the earth is not entitled to them, but they belong to the crown. This is an exception to the general rule, that he who first finds a thing, whose owner is unknown, is entitled to keep it; and accordingly the exception is construed strictly, so that if the coin, &c. is not hidden in and covered by the earth the finder, and not the crown, is entitled to it. If it is treasure-trove in the strict sense above described, then it is the duty of the finder to give notice to the crown; and to conceal it or appropriate it is an indictable offence, punishable by fine and imprisonment. In Scotland the rule is the same, and the finder is bound to inform the sheriff of the finding. It is not so generally known as it ought to be that the crown is in the practice of paying to the finder the value of the property, on its being delivered up; from misapprehension of this matter it is believed that many curious relics are lost by their finders consigning them to the melting-pot. In 1886 the Home Office gave notice that finders of treasure would be permitted to retain articles not required for any national institution, subject to a deduction of 10 per cent.; articles required for museums, &c. are paid for at their antiquarian value, less 20 per cent. In the United States treasure usually belongs to the state in which it is found; Louisiana adopts the rule of Roman law as stated in the French civil code.