Treasure Trove
| DOI | 10.1177/0032258X4001300310 |
| Published date | 01 July 1940 |
| Date | 01 July 1940 |
| Subject Matter | Article |
Treasure Trove
AMONG the unusual incidents of duty which a policeman
may be called upon to attend is the finding by some person
of objects which may be liable to be dealt with as
"treasure
trove." Treasure trove is where any gold or silver coin, plate
or bullion is found hidden in the earth or in any other secret
place.
If
the person who hid
it
is known, or is afterwards
discovered, it is not treasure trove; but, when proved, treasure
trove belongs to the Crown by prerogative right.
There
are
some rare exceptions to this right, such as in localities where in
ancient charters there is expressly included a"Franchise of
Treasure Trove " with the right to treasure trove within the
locality transferred from the Crown to the city.
Blackstone described treasure trove as
including"
money
or coin, gold, silver, plate or bullion."
The
Crown gains no
title unless the treasure is actually hidden in the earth with the
animus revocandi.
That
is to say, it must have been hidden in
the soil or in buildings. Where it is scattered in the sea, or on
the surface of the earth, or lost, or abandoned, and the true
owner cannot be traced, it belongs to the finder. But where
the circumstances under which the treasure is found raise a
prima facie presumption that it was hidden, and the original
owner cannot be traced, it will belong to the Crown.
It
is the duty of a person who finds objects of gold or silver
which may be found hidden to report the finding to the coroner
for the district. This report is most conveniently usually made
through the local Police.
The
coroner's duty is to
inquire"
of
treasure that is found " and who is the finder (Coroners Act,
1887, Section 36).
In
practice, objects which are held to be treasure trove are
submitted to the Director of the British Museum, to whom
certain of the functions of the Treasury in relation to treasure
trove have been delegated.
If
the finder of the objects reports
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