Treasure Trove

Found treasure

This name is given to such money or coin, gold, silver, plate, or bullion, which, having been hidden or concealed in the earth or other private place so long that its owner is unknovm, has been discovered by accident. Should the owner be found, it must be restored to him; and in case of not finding him, the property, according to the English law, belongs to the king. In the latter case, by the civil law, when the treasure was found by the owner of the soil, he was considered as entitled to it by the double title of owner and finder; when found on another's property, one-half belonged to the owner of the estate and the other to the finder; when found on public property, it belonged one-half to the public treasury and the other to the finder.

Lecon. du Dr. Rom. §§350-352.

This includes not only gold and silver, but whatever may constitute riches; as, vases, urns, statues, etc. thing found must have a commercial value; for ancient tombs would not be considered a treasure. The thing must have been hidden or concealed in the earth, and no one must be able to establish his right to it. It must be found by a pure accident, and not in consequence of search. Dalloz, "Propriete," art.

3, §3.

According to the French law, le tresor est toute chose cachee ou enfouie, sur laquelle personne ne pent justifier sa propriete, et quie est decouverte par le pur effet du hasard.

Code Civ. 716. See 4 Toullier, Dr. Civ. note 34. See, generally, 20 Viner, Abr. 414; 7 Comyn, Dig. 649; 1 Brown,^Civ. Law, 237; 1 Bl. Comm. 295; Poth. Traite du Droit de Propriete, art. 4.