Treasure-Trove

Money or coin, gold, silver, plate, or bullion, found hidden in the earth or other private place, the owner thereof being unknown. In such case, the treasure belongs to the king, and is part of his ordinary revenue; but if he that hid it be known, or afterwards found out, the owner, and not the king, is entitled to it. (3 Inst. 132; Dalt. Sheriff's, ch. 16.) Also, if it be found in the sea or upon the earth, it doth not belong to the king, but to the finder, if no owner appears. (Brit. ch. 17; Finch L. 177.).So that it is the hiding, and not the abandoning of it, that gives the king a property. This difference clearly arises from the different intentions which the law implies in the owner. A man that hides his treasure in a secret place evidently does not mean to relinquish his property, but reserves a right of claiming it again when he sees occasion; and if he dies, and the secret also dies with him, the law gives it to the king, as part of his royal revenue. But a man that scatters his treasure into the sea, or upon the public surface of the earth, is construed to have absolutely abandoned his property, and returned it into the common stock, without any intention of reclaiming it; and therefore it belongs, as in a state of nature, to the first occupant or finder; unless the owner appear and assert his right, which then proves that the loss was by accident, and not with an intent to renounce his property. Formerly, all treasure-trove belonged to the finder. (Bract. 1. 3, ch. 3; 3 Inst. 133; KitcX 80.) Afterwards, it was judged expedient for the purposes of the state, and particularly for the coinage, to allow part of what was so found to the king, which part was assigned to be all hidden treasure; such as is casually lost and unclaimed, and also such as is designedly abandoned, still remaining the right of the fortunate finder.

Jacob.