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.

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 unknown, 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. 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. Legotts du Dr, Rom, §§ 350-352. This includes not only gold and silver, but whatever may constitute riches: as vases, urns, statues, etc. If the owner is known it is not technically treasure trove; Livermore v. White, 74 Me. 456, 43 Am. Rep. 600. The crown is prima fade entitled to treasure trove; [1903] 2 Ch. 598; and there need not be an inquest to inform the crown of its rights; 41 W. R. 294. Gold and silver articles hidden for safe keeping, and forgotten or remaining undistreasure trove; Kuykendall v. Fisher, 61 W. Va. 87, 56 S. E. 48, 8 L. R. A. (N. S.) 94, 11 Ann. Cas. 700; [1903] 2 Oh. 598. There is some doubt in this country as to who is entitled to the treasure trove. Danielson v. Roberts, *44 Or. 108, 74 Pac. 913, 65 L. R. A. 526, 102 Am. St. Rep. 627, holds that the finder is entitled as against the owner of the land on which the treasure is found; but a contrary case in the same volume of reports gives it to the landowner; Ferguson y. Ray, 44 Or. 557, 77 Pac. GOO, 1 L. R. A. (N. S.) 477, 102 Am. St. Rep. 648, 1 Ann. Cas. 1. Another case holds that the owner of the soil acquires no title as such; Weeks v. Ilackett, 104 Me. 2G4, 71 Atl. 858, 19 L. R. A. (N. S.) 1201, 129 Am. St. Rep. 390, 15 Ann. Cas. 1156. In the Roman law valuables hid in the earth for safety were not treasure trove, unless hid so long before that the owner was not known; Hunter, Rom. Law 256. See Murray, Arch. Surv. of the United Kingdom.

Literally, treasure found; money or coin, gold, silver, plate or bullion, the owner of which is unknown, found hidden {n the earth or other private placa

Where any money, coin, gold, silver, plate, or bullion is found hidden in the earth, or other private place, the owner thereof being unknown. At common law, treasure-trove belonged to the king; treasure found upon the earth to the finder. Though commonly defined as gold or silver hidden in the ground, includes their paper representatives. And it is not now necessary that the hiding be in the ground. The civil law gave the treasure to the finder, according to the law of nature. See Coroner; Find, 1.

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.