The Mold cape, a solid sheet-gold object dating from about 1900-1600 BC in the European Bronze Age, is an exceptional treasure trove. The Mold cape is a solid sheet- Gold object dating from about 1900-1600 BC in the European Bronze Age. The term Bronze Age refers to a period in human cultural development when the most advanced Metalworking (at least in systematic and widespread use included techniques for It was found at Mold in Flintshire, North Wales, in the UK in 1833, and is now at the British Museum. Mold (Yr Wyddgrug is a Town in Flintshire, North Wales, on the River Alyn. History The current administrative area of Flintshire (a Unitary authority) came into existence in 1996 when the former Administrative county of Clwyd North Wales (Gogledd Cymru is the northernmost unofficial region of Wales, bordered to the south by Mid Wales and to the east by England. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The British Museum is a Museum of human history and culture in London.

Property law
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, or abandoned
Treasure trove
Alienation  · Bailment  · License
Estates in land
Allodial title  · Fee simple  · Fee tail
Life estate  · Defeasible estate
Future interest  · Concurrent estate
Leasehold estate  · Condominiums
Conveyancing of interests in land
Bona fide purchaser
Torrens title  · Strata title
Estoppel by deed  · Quitclaim deed
Mortgage  · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement  · Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures  · Waste  · Partition
Riparian water rights
Lateral and subjacent support
Assignment  · Nemo dat
Other areas of the common law
Contract law  · Tort law
Wills and trusts
Criminal Law  · Evidence

A treasure trove may broadly be defined as an amount of gold, silver, gemstones, money, jewellery, or any valuable collection found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the heirs undiscoverable. Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A gift, in the Law of Property, has a very specific meaning In order for a Gift to be legally effective the grantor must have intended to give the gift In Common law, adverse possession is the process by which title to another's Real property is acquired without compensation, by as the name A deed is a Legal instrument used to grant a Right. Deeds are part of the broader category of documents under seal. In the Common law of Property, personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are Alienation, in Property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another Bailment describes a legal relationship in Common law where physical possession of personal Property ( Chattels) is transferred from one person (the The verb license or grant license means to give permission The noun license is the document demonstrating that permission An estate is the Net worth of a person at any point in time It is the sum of a person's Assets - legal rights interests and entitlements to Property of Allodial title is a concept in some systems of property law It describes a situation where Real property ( Land, Buildings and Fixtures) is owned Fee simple is an estate in land in Common law. It is the most common way Real estate is owned in common law countries and is ordinarily the most Fee tail or entail is an obsolete term of art in Common law. It describes an estate of Inheritance in Real property which cannot A life estate is a concept used in Common law and Statutory law to designate the ownership of land for the duration of a person's life A defeasible estate is created when a grantor transfers land conditionally In Property law and Real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of A concurrent estate or co-tenancy is a concept in Property law, particularly derived from the Common law of Real property, which describes A condominium, or condo, is a form of Housing tenure and other Real property where a specified part of a piece of real estate (usually of an apartment In law conveyancing is the transfer of title of Property from one person to another or the granting of an Encumbrance such as a Mortgage or A bona fide purchaser ( BFP) referred to more completely as a bona fide purchaser for value without notice is a term used in the Law of Real property Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register Strata title is a form of ownership devised for multi-level apartment blocks. Estoppel by Deed - A doctrine where rules of evidence prevent a litigant from denying the truth of what was said or done A quitclaim deed is a term used to describe a document by which a person (the "grantor" disclaims any interest the Grantor may have in a piece of Real property A mortgage is the pledging of a property to a Lender as a security for a Mortgage loan. Equitable conversion is a doctrine of the Law of Real property under which a purchaser of real property becomes the equitable owner of title to the property at the An action to quiet title is a Lawsuit brought in a Court having Jurisdiction over land disputes in order to establish a party's title to Real property In Property law and Real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of A restraint on alienation, in the Law of Real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling The rule against perpetuities is a rule of law in effect under the property, Trusts, Estate, and Contract law of many Common law The Rule in Shelley's Case is a rule of law that may apply to certain Future interests in Real property and Trusts created in Common law jurisdictions In the Common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to Real estate by descent A nonpossessory interest in land is a term of the Law of Property to describe any of a category of rights held by one person to use land that is in the possession For railroad track easement see Track transition curve. An easement is the right or freedom to do something or the right to prevent Profit, but an entirely different meaning of the term analogous to an Easement. A covenant running with the land, is a Real covenant, in the Law of Real property. An equitable servitude is a term used in the Law of Real property to describe a Nonpossessory interest in land that operates much like a Covenant running In the law of real property fixtures are anything that would otherwise be a Chattel that have by reason of incorporation or affixation become permanently attached to Waste is a term used in the Law of Real property to describe a Cause of action that can be brought in Court to address a change in condition A partition is a term used in the Law of Real property to describe an act by a Court order or otherwise to divide up a Concurrent estate into Riparian Water rights (or simply riparian rights) is a system of allocating water among those who possess land about its source Lateral and subjacent support, in the Law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining An assignment (Latin cessio) is a term used with similar meanings in the Law of Contracts and in the law of Real estate. Nemo dat quod non habet, literally meaning "no one give what one does not have" is a legal rule sometimes called the nemo dat rule that states that the purchase of A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e However, both the legal definition of what constitutes a treasure trove and its treatment under law varies considerably from country to country, and from era to era.

The term is also often used metaphorically. Metaphor (from the Greek: μεταφορά - metaphora, meaning "transfer" is language that directly compares seemingly unrelated subjects Collections of articles published as a book are often titled Treasure Trove, as in A Treasure Trove of Science. This was especially fashionable for titles of children's books in the early- and mid-20th century. Children's literature is an age category of literature written for published for or marketed to Children roughly through age 12

Terminology

"Treasure trove", sometimes rendered "treasure-trove", literally means "treasure that has been found". The English term "treasure trove" was derived from the Anglo-French^[1] tresor trové, itself from the Latin thesaurus inventus. English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. In 15th-century English the Anglo-French term was translated as "treasure found", but from the 16th century it began appearing in its modern form with the French word trové anglicized as "trovey", "trouve" or "trove". Anglicisation or anglicization (see -ise vs -ize) is a process of conversion of verbal or written elements of any other language into a more comprehensible English ^[2]

The term "treasure trove" or "trove" is often used metaphorically to mean a "valuable find", and hence a source of treasure, or a reserve or repository of valuable things. Metaphor (from the Greek: μεταφορά - metaphora, meaning "transfer" is language that directly compares seemingly unrelated subjects ^[3]

History

Roman law

In Roman law treasure trove was called thesaurus ("treasure" in Latin), and defined by the Roman jurist Paulus as "vetus quædam depositio pecuniæ, cujus non extat memoria, ut jam dominum non habeat"^[4] (an ancient deposit of money, of which no memory exists, so that it has no present owner). Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than Julius Paulus Prudentissimus ( Greek: ο Ιούλιος Παύλος, flourished 2nd century and 3rd century) was one of the most influential and ^[5] R. W. Lee, in his book The Elements of Roman Law (4th ed. , 1956), commented that this definition was "not quite satisfactory" as treasure was not confined to money, nor was there any abandonment of ownership. ^[5] Under the emperors, if treasure was found on a person's own land or on sacred or religious land, the finder was entitled to keep it. The Roman Emperor was the ruler of the Roman State during the imperial period (starting at about 27 BC However, if the treasure was found fortuitously, and not by deliberate search, on another person's land, half went to the finder and half to the owner of the land, who might be the emperor, the fiscus (public treasury), the city, or some other proprietor. Fiscus was the name of the personal treasury of the emperors of Rome ^[6] According to Dutch jurist Hugo Grotius (1583–1645), as the feudal system spread over Europe and the prince was looked on as the ultimate owner of all lands, his right to the treasure trove became jus commune et quasi gentium (a common and quasi-international right) in England, Germany, France, Spain and Denmark. Hugo Grotius or Huig de Groot, or Hugo de Groot; ( Delft, 10 April 1583 Rostock, 28 August 1645 Feudalism, a term first used in the early modern period (17th century in its most classic sense refers to a Medieval Europe Political system composed ^[7]

English common law

It has been said that the concept of treasure trove in English law dates back to the time of Edward the Confessor (c. 1003/1004 – 1066). English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the King Edward the Confessor (c 1003 &ndash 5 January 1066 son of Ethelred the Unready, was the penultimate Anglo-Saxon King of England and the last Circa (often abbreviated c, ca, ca or cca and sometimes Italicized to show it is Latin) means "about" ^[8] Under the common law, treasure trove was defined as gold or silver in any form, whether coin, plate (gold or silver vessels or utensils)^[9] or bullion (a lump of gold or silver),^[10][11] which had been hidden and rediscovered, and which no person could prove he or she owned. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive If the person who had hidden the treasure was known or discovered later, it belonged to him or her^[12][13] or persons claiming through him or her such as descendants. To be treasure trove, an object had to be substantially – that is, more than 50% – gold or silver. ^[14]

A ceremonial helmet from Sutton Hoo recovered in 1939. Sutton Hoo near Woodbridge, Suffolk, England, is the site of two Anglo-Saxon cemeteries The Sutton Hoo find was not treasure trove – as it was a ship burial, there had been no intention to subsequently recover the objects. A ship burial or boat grave is a Burial in which a Ship or Boat is used either as a container for the dead and the grave goods or as a part

Treasure trove had to be hidden with animus revocandi, that is, an intention to recover it later. If an object was simply lost or abandoned (for instance, scattered on the surface of the earth or in the sea), it either belonged to the first person who found it^[12][15] or the landowner according to the law of finders, that is, legal principles concerning the finding of objects. In the Common law of Property, personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are For this reason, the objects found in 1939 at Sutton Hoo were determined not to be treasure trove – as the objects were part of a ship burial, there had been no intention to recover the buried objects subsequently. Sutton Hoo near Woodbridge, Suffolk, England, is the site of two Anglo-Saxon cemeteries A ship burial or boat grave is a Burial in which a Ship or Boat is used either as a container for the dead and the grave goods or as a part ^[16] The Crown had a prerogative right to treasure trove, and if the circumstances under which an object was found raised a prima facie presumption that it had been hidden, it belonged to the Crown unless someone else could show a better title to it. Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government The Royal Prerogative is a body of customary authority privilege and immunity recognised in Common law and sometimes in Civil law jurisdictions possessing a monarchy Prima facie is a Latin expression meaning "on its first appearance" or "by first instance" In the Law of Evidence, a presumption of a particular fact can be made without the aid of proof in some situations Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest The rights ^[17] The Crown could grant its right to treasure trove to any person in the form of a franchise. In Economics, a government-granted monopoly (also called a "de jure monopoly" is a form of Coercive monopoly by which a government grants exclusive privilege ^[12][18][13]

It was the duty of the finder, and indeed of anyone who had acquired knowledge of the matter, to report the finding of a potential treasure trove to the coroner of the district. A coroner is an official responsible for investigating deaths particularly some of those happening under unusual circumstances and determining the cause of death Concealing a find was a misdemeanour^[19][20] punishable with fine and imprisonment. A misdemeanor, or misdemeanour, in many common law legal systems is a "lesser" criminal act ^[12][21] The coroner was required to hold an inquest with a jury to determine who were the finders or the persons suspected to be the finders, "and that may be well perceived where one liveth riotously and have done so of long time". An inquest is a judicial investigation usually by a group of court-appointed people ( Jury) in Common law Jurisdictions The most common kind of inquest A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them ^[22][13] Where there had been an apparent concealment of treasure trove the coroner's jury could investigate the title of the treasure to discover if it had been concealed from the supposed owner, but any such finding was not conclusive^[23] as the coroner generally had no jurisdiction to inquire into questions of title to the treasure between the Crown and any other claimant. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority If a person wished to assert title to the treasure, he or she had to bring separate court proceedings. ^[24][20]

In the early 20th century, it became the practice of the Lords Commissioners of the Treasury to pay those finders who fully and promptly reported discoveries of treasure troves and handed them over to the proper authorities the full antiquarian value of objects which had been retained for national or other institutions such as museums. In the United Kingdom, there are at least six Lords of the Treasury who serve concurrently Objects not retained were returned to the finders. ^[25][13]

Scottish common law

Under the common law of Scotland, the law of treasure trove was and still is a specialized application of the general rule governing bona vacantia ("vacant goods") – that is, objects that are lost, forgotten or abandoned. Scots law is a unique legal system with an ancient basis in Roman law. Bona vacantia ( Latin for "vacant goods" is a Common law Doctrine in the United Kingdom under which ownerless property passes by law The rule is quod nullius esfit domini regis: "that which belongs to nobody becomes our Lord the King's [or Queen's]". The Crown in Scotland has a prerogative right to treasure trove for it is one of the regalia minora ("minor things of the King"), that is, property rights which the Crown may exercise as it pleases and which it may alienate (transfer to another party). Definition Inter regalia (Scots Law: something that inherently belongs to the sovereign Alienation, in Property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another As the Scottish law of treasure trove on the matter has not changed, it is discussed in the "Present-day legal definitions" section below, under the subheading "Scotland".

United States law

Many states in the US enacted statutes that received English common law into their legal systems. For example, in 1863 the legislature of Idaho enacted a statute that made "the common law of England . The State of Idaho ( is a state in the Pacific Northwest region of the United States of America. . . the rule of decision in all courts" of the state. However, English common law principles of treasure trove were not applied in the US. Instead, courts applied rules relating to the finding of lost and ownerless items. The treasure trove rule was first given serious consideration by the Oregon Supreme Court in 1904 in a case involving boys who had discovered thousands of dollars in gold coins hidden in metal cans while cleaning out a henhouse. The Oregon Supreme Court ( OSC) is the highest State court in the U The United States dollar ( sign: $; code: USD) is the unit of Currency of the United States; it has also been The Court wrongly believed that the rule operated in the same way as early rules that awarded possession – and, effectively, legal title as well – to innocent finders of items that had been mislaid and the owners of which were unknown. By awarding the coins to the boys, the Court implied that finders were entitled to buried valuables, and that any claims by landowners should be disregarded. ^[26]

In subsequent years the legal position became unclear as a series of English and American cases decided that landowners were entitled to buried valuables. The Maine Supreme Judicial Court reconsidered the rule in 1908. The Maine Supreme Judicial Court is the highest court in Maine 's judicial system. The case before it involved three workers who had found coins while digging on their employer's land. The Court decided along the lines of the 1904 Idaho case and awarded the coins to the finders. For the next 30 years, the courts of a number of states, including Georgia, Indiana, Iowa, Ohio and Wisconsin, applied this modified "treasure trove" rule, most recently in 1948. The State of Georgia ( is a state in the United States and was one of the original Thirteen Colonies that revolted against British rule The State of Indiana ( was the 19th US state admitted into the union The State of Iowa ( is a state in the Midwestern region of the United States of America. Ohio ( is a Midwestern state of the United States. As part of the Great Lakes region, Ohio has long been a cultural and geographical crossroads Wisconsin ( or wɪˈskɑnsɨn (French Ouisconsin) is one of the fifty United States of America, located in the north central part of the United States Since that time, however, the rule has fallen out of favour. Modern legal texts regard it as "a recognized, if not controlling, rule of decision", but one commentator has called it "a minority rule of dubious heritage that was misunderstood and misapplied in a few states between 1904 and 1948". ^[26]

Present-day legal definitions

United Kingdom

England, Northern Ireland and Wales

The Ringlemere Cup, found in 2001 in the Ringlemere barrow in Kent, England, which was declared to be treasure under the Treasure Act 1996 and is now displayed in the British Museum. The Ringlemere Gold Cup is a Bronze Age vessel found in the Ringlemere barrow near Sandwich in the English county of Kent in 2001 by The Ringlemere barrow is an Archaeological site near Sandwich in the English county of Kent most famous as being the find site of the KENT (1400 AM) is a Radio station broadcasting a Adult Standards/MOR format England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The Treasure Act of 1996 is an Act of Parliament designed to deal with finds of Treasure in the United Kingdom. The British Museum is a Museum of human history and culture in London. Made of gold, it dates to the Bronze Age, between 1700 and 1500 B. The term Bronze Age refers to a period in human cultural development when the most advanced Metalworking (at least in systematic and widespread use included techniques for C.

Throughout the ages, farmers, archaeologists and amateur treasure hunters have unearthed important treasures of immense historical, scientific and financial value. Archaeology, archeology, or archæology (from Greek grc ἀρχαιολογία archaiologia – grc ἀρχαῖος archaīos Treasure hunting is the search for real Treasure which has been a notable human activity for Millennia. However, the strictness of the common law rules meant that such items were sometimes not treasure trove. The items risked being sold abroad, or were only saved for the nation by being purchased at a high price. Mention has already been made of the objects comprising the Sutton Hoo ship burial, which were not treasure trove as they had been interred without any intention to retrieve them. The objects were later presented to the nation by their owner, Edith May Pretty, in a 1942 bequest. In March 1973, a hoard of about 7,811 Roman coins was found buried in a field at Coleby in Lincolnshire. In Archaeology, a Hoard is a collection of artifacts purposely buried in the ground The main Roman currency during most of the Roman Republic and the western half of the Roman Empire consisted of coins including the Aureus (gold the Lincolnshire (abbreviated Lincs) is a county in the east of England. It was made up of antoniniani believed to have been minted between 253 and 281 A.D. The Court of Appeal of England and Wales held in the 1981 case of Attorney-General of the Duchy of Lancaster v. The antoninianus was a Coin used during the Roman Empire thought to have been valued at 2 denarii. The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above G. E. Overton (Farms) Ltd. that the hoard was not treasure trove as the coins did not have a substantial silver content. Thus, it belonged to the owner of the field and could not be retained by the British Museum. The British Museum is a Museum of human history and culture in London. ^[27]

To remedy the faults of the old treasure trove regime, the Treasure Act 1996^[28] introduced a new scheme which came into effect on 24 September 2007. The Treasure Act of 1996 is an Act of Parliament designed to deal with finds of Treasure in the United Kingdom. Events 622 - Prophet Muhammad completes his hegira from Mecca to Medina. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. ^[29] Any treasure found on and after that date regardless of the circumstances in which it was deposited, even if it was lost or left with no intention of recovery, belongs to the Crown, subject to any prior interests or rights held by any franchisee of the Crown. ^[30] The Secretary of State for Culture, Media and Sport may direct that any such treasure be transferred or disposed of,^[31] or that the Crown's title in it be disclaimed. The Secretary of State for Culture Media and Sport is a UK cabinet position with responsibility for the Department for Culture Media and Sport. ^[32][33]

The Act uses the term "treasure" instead of "treasure trove"; the latter term is now confined to objects found before the Act came into force. Objects falling within the following definition are "treasure" under the Act:^[34][33]

1. If the object is not a coin,^[35] it must be at least 300 years old^[36] and at least 10%^[37] precious metal (that is, gold or silver)^[38] by weight.
2. If the object is a coin, it must either be:
   • one of at least two coins in the same find^[39] which are at least 300 years old at that time and are at least 10% precious metal by weight; or
   • one of at least ten coins in the same find which are at least 300 years old at that time.
3. Any object at least 200 years old when found which belongs to a class of objects of outstanding historical, archaeological or cultural importance that has been designated as treasure by the Secretary of State. ^[40] As of 2006, the following classes of objects had been so designated:^[41]
   • Any object, other than a coin, any part of which is base metal (that is, not gold or silver),^[42] which when found is one of at least two base metal objects in the same find which are of prehistoric date. ^[43]
   • Any object, other than a coin, which is of prehistoric date, and any part of which is gold or silver.
4. Any object which would have been treasure trove if found before 24 September 1997. Events 622 - Prophet Muhammad completes his hegira from Mecca to Medina. Year 1997 ( MCMXCVII) was a Common year starting on Wednesday (link will display full 1997 Gregorian calendar
5. Any object which, when found, is part of the same find as:
   • an object within head (1), (2), (3) or (4) above found at the same time or earlier; or
   • an object found earlier which would be within head (1), (2) or (3) above if it had been found at the same time.

Treasure does not include unworked natural objects, or minerals extracted from a natural deposit, or objects that have been designated not to be treasure^[44] by the Secretary of State. ^[45] Objects falling within the definition of wreck^[46] are also not treasure. ^[47][33]

Coroners continue to have jurisdiction to inquire into any treasure found in his or her district, and into who are or are suspected to be its finders. ^[48] Anyone finding an object he or she believes or has reasonable grounds to believe is treasure must notify the coroner for the district in which the object is found within 14 days starting from the day after the find or, if later, the day on which the finder first believes or has reason to believe the object is treasure. ^[49] Not doing so is an offence. ^[50] Inquests are held without a jury unless the coroner decides otherwise. ^[51] The coroner must notify the British Museum if his or her district is in England, the Department of the Environment if it is in Northern Ireland, or the National Museum Wales if it is in Wales. The Department of the Environment ( DOE) is a Devolved Northern Ireland government department in the Northern Ireland Executive. Amgueddfa Cymru – National Museum Wales (Amgueddfa Cymru formerly the National Museums and Galleries of Wales, comprises the following museums in Wales: ^[52] The coroner must also take reasonable steps to notify any person who appears may have found the treasure; any person who, at the time it was found, occupied land which it appears may be where the treasure was found;^[53] and any other interested persons, including persons involved in the find or having an interest in the land where the treasure was found at that time or since. ^[54] However, coroners still have no power to make any legal determination as to whether the finder, landowner or occupier of the land has title to the treasure. The courts have to resolve that issue, and may also review coroners' decisions in relation to treasure. ^[55][33]

When treasure has vested in the Crown and is to be transferred to a museum, the Secretary of State is required to determine whether a reward should be paid by the museum before the transfer^[56] to the finder or any other person involved in the finding of the treasure, the occupier of the land at the time of the find, or any person who had an interest in the land at the time of the find or has had such an interest at any time since then. ^[57] If the Secretary of State determines that a reward should be paid, he or she must also determine the market value of the treasure (assisted by the Treasure Valuation Committee),^[58] the amount of the reward (which cannot exceed the market value), to whom the reward should be paid and, if more than one person should be paid, how much each person should receive. ^[59][33]

In England and Wales, finders of objects that are not treasure or treasure trove are encouraged to voluntarily report them under the Portable Antiquities Scheme to finds liaison officers at county councils and local museums. The Portable Antiquities Scheme (PAS is a voluntary programme run by the United Kingdom government to record the increasing numbers of small finds of archaeological A County council is the elected administrative body governing an area known as a County. Under the scheme, which started in September 1997, the officers examine finds and provide finders with information on them. They also record the finds, their functions, dates, materials and locations, and place this information into a database which can be analysed. The information on the findspots may be used to organize further research on the areas. ^[60] Non-treasure finds remain the property of their finders or landowners, who are free to dispose of them as they wish. ^[61]

Scotland

The Treasure Act 1996 does not apply in Scotland. ^[62] Treasure trove in Scotland is dealt with under the common law of Scotland. Scots law is a unique legal system with an ancient basis in Roman law. The general rule that governs bona vacantia ("vacant goods") – that is, objects that are lost, forgotten or abandoned – is quod nullius esfit domini regis ("that which belongs to nobody becomes our Lord the King's [or Queen's]"),^[63][64] and the law of treasure trove is a specialized application of that rule. Bona vacantia ( Latin for "vacant goods" is a Common law Doctrine in the United Kingdom under which ownerless property passes by law ^[65] As in England, the Crown in Scotland has a prerogative right to treasure trove^[66] for it is one of the regalia minora ("minor things of the King"),^[67] that is, property rights which the Crown may exercise as it pleases and which it may alienate (transfer to another party). Definition Inter regalia (Scots Law: something that inherently belongs to the sovereign Alienation, in Property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another ^[68]

Cliffs of St. Ninian's Isle, photographed on 24 May 2006. St Ninian's isle is a small island connected by the largest active Tombolo in the UK to the south-western coast of the Mainland Shetland. Events 1218 - The Fifth Crusade leaves Acre for Egypt. 1276 - Magnus Ladulås is crowned Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. The St. Ninian's Isle treasure, which is believed to date to about 800 A. D. , was found on this island.

To qualify as treasure trove, an object must be precious, it must be hidden, and there must be no proof of its property or reasonable presumption of its former ownership. Unlike under English common law, treasure is not restricted to only gold and silver objects. ^[69] In 1888 a prehistoric jet necklace and some other articles found in Forfarshire were claimed by the authorities though they were neither gold nor silver. Jet is a geological material and is considered to be a minor gemstone Angus ( Aonghas in Gaelic) is one of the 32 local government Council areas of Scotland, and a lieutenancy area. A compromise was eventually reached, and the find was deposited in the National Museum of Scotland. National Museums Scotland is the family of several National museums in Scotland. ^[7] In July 1958, a porpoise bone was found together with 28 other objects of silver alloy (12 brooches, seven bowls, a hanging bowl and other small metal work) underneath a stone slab marked with a cross on the floor of St. Porpoises are Small Cetaceans of the Family Phocoenidae; they are related to Whales and Dolphins They are distinct from dolphins A brooch (also known in ancient times as a fibula, and not to be confused with broach) is a Decorative jewelry item designed to be attached to Ninian's Church on St. Ninian's Isle in the Shetlands. St Ninian's isle is a small island connected by the largest active Tombolo in the UK to the south-western coast of the Mainland Shetland. Shetland (formerly spelled Zetland, from etland; Old Norse non Hjaltland; Sealtainn is an Archipelago off the northeast coast of The objects were dated to about 800 A. D. A dispute having arisen over ownership of the objects between the Crown on the one hand, and the finder (the University of Aberdeen, which had carried out the archaeological excavation) and the landowner on the other, in Lord Advocate v. The University of Aberdeen is an Ancient university founded in 1495, in Old Aberdeen, Scotland. University of Aberdeen (1963) the Court of Session held that the bone should be regarded as treasure trove together with the silver objects. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively ^[70] Further, the requirement that an object must be "hidden" means no more than that it must be concealed; it refers to the condition in which the object was found and does not refer back to the intention which the owner of the object may have had in hiding it. ^[71] Finally, the requirement that there must be no reasonable presumption of former ownership means that it must not be possible to trace the ownership of the object to a person or family currently existing. ^[72] Even if an object does not qualify as treasure trove, it may be claimed by the Crown as bona vacantia. ^[73]

The Queen's and Lord Treasurer's Remembrancer (QLTR), an office held by the Crown Agent who is the senior officer of the Crown Office in Scotland, is responsible for claiming bona vacantia on behalf of the Crown in Scotland. The Queen's and Lord Treasurer's Remembrancer is an officer in Scotland who represents The Crown 's interests in Bona vacantia, Ultimus haeres The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates ^[63] Finders of items are required to report such finds to the Crown Office or to the Treasure Trove Unit (TTU) at the National Museums of Scotland in Edinburgh. Each find is assessed by the Scottish Archaeological Finds Allocation Panel, which decides if the find is of national importance. If it is, the matter is referred by the TTU to the QLTR department at the Crown Office, which will inform the finder that it has accepted the Panel's recommendation to claim the objects in the find as treasure trove or bona vacantia. ^[74]

The Panel also recommends to the QLTR a reward for the find based on its current market value where appropriate, and the most appropriate museum in Scotland to allocate it to. The TTU then contacts all museums which have bid for finds to advise them of the Panel's recommendations. The museums have 14 days in which to accept or reject the proposed allocation and reward for the find. If the QLTR accepts the Panel's recommendations, it will notify the finder of the amount of any reward being paid and the museum that the find has been allocated to. The QLTR also asks the museum to pay the finder's reward. ^[74]

While a treasury order of 1886 made provision for the preservation of suitable objects in various national museums and payment of rewards to their finders,^[7] the Crown is under no legal obligation to offer any rewards for treasure trove objects it has claimed. However, it usually does so, using the objects' market price as a guide. A reward may be withheld or reduced if the finder has inappropriately handled an object, for instance, damaged it by cleaning it or applying waxes and varnishes to it. ^[75] Finders may elect to waive their rewards. Rewards are not paid for finds occurring during organized fieldwork. ^[74]

United States

The law of treasure trove in the United States varies from state to state, but certain general conclusions may be drawn. To be treasure trove, an object must be of gold or silver. ^[76] Paper money is also deemed to be treasure trove since it represents gold or silver. A banknote (often known as a bill, paper money or simply a note) is a kind of Negotiable instrument, a Promissory note made by a ^[77] On the same reasoning, it might be imagined that coins and tokens in metals other than gold or silver are also included, but this has yet to be clearly established. ^[78] The object must be concealed for long enough so it is unlikely that the true owner will reappear to claim it. ^[79] The consensus appears to be that the object must be at least a few decades old. ^[80][81]

A majority of state courts, including those of Arkansas, Connecticut, Delaware, Georgia, Indiana, Iowa, Maine, Maryland, New York, Ohio, Oregon and Wisconsin, have ruled that the finder of treasure trove is entitled to it. Arkansas ( is a state located in the southern region of the United States. Connecticut ( is a state located in the New England region of the northeastern United States of America. Delaware ( is a state located on the Atlantic Coast in the Mid-Atlantic region of the United States. The State of Georgia ( is a state in the United States and was one of the original Thirteen Colonies that revolted against British rule The State of Indiana ( was the 19th US state admitted into the union The State of Iowa ( is a state in the Midwestern region of the United States of America. The State of Maine ( is a state in the New England region of the northeastern United States of America, bordering the Atlantic Ocean New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous Ohio ( is a Midwestern state of the United States. As part of the Great Lakes region, Ohio has long been a cultural and geographical crossroads Oregon ( is a state in the Pacific Northwest region of the United States. Wisconsin ( or wɪˈskɑnsɨn (French Ouisconsin) is one of the fifty United States of America, located in the north central part of the United States The theory is that the English monarch's claim to treasure trove was based on a statutory enactment which replaced the finder's original right. When this statute was not re-enacted in the United States after its independence, the right to treasure trove reverted to the finder. Between 1776 and 1789, the United States became an independent country creating and ratifying its new constitution, and establishing of the federal government ^[82]

In Idaho^[83] and Tennessee^[84] courts have decided that treasure trove belongs to the owner of the place where it was found, the rationale being to avoid rewarding trespassers. The State of Idaho ( is a state in the Pacific Northwest region of the United States of America. Tennessee ( is a state located in the Southern United States. Trespass (Fr trespas a crime properly a stepping across from Lat In one Pennsylvania case,^[85] a lower court ruled that the common law did not vest treasure trove in the finder but in the sovereign, and awarded a find of US$92,800 cash to the state. The Commonwealth of Pennsylvania ( often colloquially referred to as PA (its abbreviation by natives and Northeasterners is a state located in the Northeastern The United States dollar ( sign: $; code: USD) is the unit of Currency of the United States; it has also been However, this judgment was reversed by the Supreme Court of Pennsylvania on the basis that it had not yet been decided if the law of treasure trove was part of Pennsylvania law. The Supreme Court of Pennsylvania is the court of last resort for the Commonwealth of Pennsylvania. ^[86] The Supreme Court deliberately refrained from deciding the issue. ^[87]

Finds of money and lost property are dealt with by other states through legislation. These statutes usually require finders to report their finds to the police and transfer to their custody the objects. The police then advertise the finds to try and locate their true owner. If the objects remain unclaimed for a specified period of time, title in them vests in the finders. ^[88] New Jersey vests buried or hidden property in the landowner,^[89] Indiana in the county,^[90] Vermont in the township,^[91] and Maine in the township and the finder equally. New Jersey ( is a state in the Mid-Atlantic and Northeastern regions of the United States. The State of Indiana ( was the 19th US state admitted into the union A county of the United States is a local level of government created as a subdivision of a state by the state government or by the federal or territorial government as a subdivision Vermont ( is a state in the New England region of the northeastern United States of America. A township (or Municipality) is a settlement which has the status and powers of a unit of local government The State of Maine ( is a state in the New England region of the northeastern United States of America, bordering the Atlantic Ocean ^[92][93] In Louisiana, French codes have been followed, so half of a found object goes to the finder and the other half to the landowner. The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America In academic terms French law can be divided into two main categories private law (" droit privé " and public law (" droit public " ^[7] The position in Puerto Rico, the laws of which are based on civil law, is similar. Puerto Rico (ˌpwertoˈriko officially the Commonwealth of Puerto Rico ("Estado Libre Asociado de Puerto Rico" {{lang-en|"Associated Free State of Puerto Rico"}} Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. ^[94]

Finders who are trespassers generally lose all their rights to finds,^[95] unless the trespass is regarded as "technical or trivial". ^[96][97]

Where the finder is an employee, most cases hold that the find should be awarded to the employer if it has a heightened legal obligation to take care of its customers' property, otherwise it should go to the employee. ^[98] A find occurring in a bank is generally awarded to the bank as the owner is likely to have been a bank customer and the bank has a fiduciary duty to try and reunite lost property with their owners. fiduciary duty is a legal relationship of confidence or trust between two or more parties most commonly a fiduciary or Trustee and a principal ^[99] For similar reasons, common carriers are preferred to passengers^[100] and hotels to guests (but only where finds occur in guest rooms, not common areas). A common carrier is a business that transports people goods or services and offers its services to the general public under license or authority provided by a regulatory body ^[101][102] The view has been taken that such a rule is suitable for recently misplaced objects as it provides the best chance for them to be reunited with their owners. However, it effectively delivers title of old artifacts to landowners, since the older an object is, the less likely it is that the original depositor will return to claim it. The rule is therefore of little or no relevance to objects of archaeological value. ^[26]

Due to the potential for a conflict of interest, police officers^[103] and other persons working in law enforcement occupations,^[104] and armed forces^[105] are not entitled to finds in some states. A conflict of interest is a situation in which someone in a position of trust such as a Lawyer, Insurance adjuster, a Politician, executive or director ^[106]

By the Archaeological Resources Protection Act 1979,^[107] finds more than a hundred years old on government land belong to the government. There is analogous state legislation. Special rules also apply to grave goods from Indian burials discovered on Federal and tribal lands under the Native American Graves Protection and Repatriation Act^[108] enacted on 16 November 1990. Grave goods, in Archaeology and Anthropology, are the items buried along with the body Federal lands are lands in the United States for which ownership is claimed by the U The Native American Graves Protection and Repatriation Act ( NAGPRA),, is a United States federal law passed on 16 November 1990 requiring Events 534 - A second and final revision of the Codex Justinianus is published Year 1990 ( MCMXC) was a Common year starting on Monday (link displays the 1990 Gregorian calendar) ^[109]

See also

• Lost, mislaid, and abandoned property
• Geocaching
• Gold coin
• Silver coin

Notes

References

General

• Cunningham, Richard B. (2000-02-07), “The slow death of treasure trove”, Archaeology (New York, N. 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. Events 457 - Leo I becomes emperor of the Byzantine Empire. 1074 - Battle of Montesarchio in which the Prince Y. : Archaeological Institute of America), ISSN 0003-8113, <http://www.archaeology.org/online/features/trove/>. The Archaeological Institute of America (AIA is a North American Nonprofit organization devoted to the promotion of public interest in Archaeology, An International Standard Serial Number ( ISSN) is a unique eight-digit number used to identify a print or electronic Periodical publication. Retrieved on 2008-01-18 . 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 350 - Generallus Magnentius deposes Roman Emperor Constans and proclaims himself Emperor
• Kleeberg, John M. , Treasure Trove Law in the United States, Numismatik. org – Texte und Materialien zur Numismatik [Texts and Materials about Numismatics], <http://www.muenzgeschichte.ch/downloads/laws-usa.pdf>. Retrieved on 13 April 2008 .
• Lord Mackay of Clashfern (ed.) (2006 Reissue), Halsbury's Laws of England, vol. James Peter Hymers Mackay Baron Mackay of Clashfern, KT, PC (born 2 July 1927) is a Scottish Advocate and former 9(2) (4th ed. ), London: LexisNexis Butterworths, pp. LexisNexis (sometimes simply called "Lexis" or "Nexis" among users is a popular searchable Archive of content from Newspapers Magazines 623–629 , paras. 1077–1100.
• Official website for treasure trove in Scotland, last updated 2008-03-31, <http://www.treasuretrovescotland.co.uk/index.asp>. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 307 - After divorcing his wife Minervina, Constantine marries Fausta, the daughter of the retired Roman Emperor Retrieved on 13 April 2008 .
• Lord Simonds (gen. ed.) (1954), Halsbury's Laws of England, vol. Gavin Turnbull Simonds 1st Viscount Simonds, PC ( 28 November 1881 &ndash 28 June 1971) was a British Judge Halsbury's Laws of England is a definitive encyclopedic treatise on the laws of England published by LexisNexis Butterworths. 7 (3rd ed. ), London: Butterworths & Co. , p. 540 , paras. 1161–1163.
• Lord Simonds (gen. ed.) (1954), Halsbury's Laws of England, vol. Gavin Turnbull Simonds 1st Viscount Simonds, PC ( 28 November 1881 &ndash 28 June 1971) was a British Judge Halsbury's Laws of England is a definitive encyclopedic treatise on the laws of England published by LexisNexis Butterworths. 8 (3rd ed. ), London: Butterworths & Co. , pp. 543–544 , paras. 1039–1040.

Cases

• Attorney-General v. Moore [1893] 1 Ch. 676
• Attorney-General v. Trustees of the British Museum [1903] 2 Ch. 598
• Attorney-General of the Duchy of Lancaster v. G. E. Overton (Farms) Ltd. [1982] Ch. 277, C.A.
• Lord Advocate v. The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above University of Aberdeen 1963. S. C. 533
• R. v. Thomas & Willett (1863) Le. & Ca. 313, 12 W. R. 108

Further reading

Articles

United Kingdom

• Bland, Roger (1996), “Treasure Trove and the Need for Reform”, Art, Antiquity and Law (Leicester: Institute of Art and Law): 11, ISSN 02 1362-2331 02 . An International Standard Serial Number ( ISSN) is a unique eight-digit number used to identify a print or electronic Periodical publication.
• Palmer, Norman E. (1993), “Treasure Trove and Title to Discovered Antiquities”, International Journal of Cultural Property 2: 275–318, DOI 10. 1017/S0940739193000335 .

United States

• Finders Keepers, Losers Weepers, New York State Museum, <http://www.nysm.nysed.gov/services/233/hisfind.html>. The New York State Museum is a research-backed institution in Albany New York. Retrieved on 15 April 2008 .
• Gerstenblith, Patty (1995), “Identity and Cultural Property: The Protection of Cultural Property in the United States”, B. U. L. Rev. 75: 559 at 596–597 .
• Izuel, Leeanna (1991), “Note, Property Owners' Constructive Possession of Treasure Trove: Rethinking the Finders Keepers Rule”, UCLA Law Review 78: 1659 at 1692 .
• “Keep or Weep?”, Time, 1964-03-13, <http://www.time.com/time/magazine/article/0,9171,828254-1,00.html> . Time (trademarked in capitals as TIME) is a weekly American Newsmagazine, similar to Newsweek and Year 1964 ( MCMLXIV) was a Leap year starting on Wednesday (link will display full calendar of the 1964 Gregorian calendar. Events 1138 - Cardinal Gregorio Conti is elected Antipope as Victor IV, succeeding Anacletus II.
• Krys, Roman (1982), “Treasure Trove under Anglo-American Law”, Anglo-American Law Review 11: 214 .
• “Annotation, Modern Status of Rules as to Ownership of Treasure Trove as between Finder and Owner of Property on which Found”, A. L. R. 61: 1180, 1988 .

Books

United Kingdom

• Beard, Charles Relly (1933), The Romance of Treasure Trove, London: Sampson Low & Co .
• Buildings, Monuments and Sites Division, Department for Culture, Media and Sport ([1999?]–), Treasure Annual Report, London: Department for Culture, Media and Sport 
• Carman, John (1996), Valuing Ancient Things: Archaeology and Law, London; New York, N. The Department for Culture Media and Sport ( DCMS) is a department of the United Kingdom government, with responsibility for culture and sport Y. : Leicester University Press, ISBN 0718500121 . The University of Leicester is a research led university based in Leicester, England, with approximately 19000 registered students - about 12000 of them full-time
• Hill, George Francis (1936), Treasure Trove in Law and Practice, from the Earliest Time to the Present Day, Oxford: Clarendon Press .
• Normand, Andrew C. (2003), Review of Treasure Trove Arrangements in Scotland, Edinburgh: Scottish Executive . The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland.
• Queen's and Lord Treasurer's Remembrancer (2007–), Treasure Trove in Scotland: Annual Report by the Queen's and Lord Treasurer's Remembrancer, Edinburgh: RR Donelly . The Queen's and Lord Treasurer's Remembrancer is an officer in Scotland who represents The Crown 's interests in Bona vacantia, Ultimus haeres
• The Reform of Treasure Trove Arrangements in Scotland, [Great Britain]: Astron, 2003 .
• Rhind, Alexander Henry (1858), British Archæology: Its Progress and Demands. for others with the same name see Rhind Alexander Henry Rhind (1833 &ndash 1863 was a Scottish Lawyer and (The Law of Treasure Trove: How Can It be Best Adapted to Accomplish Useful Results?), London; Edinburgh: [s. n. ] . 2 pts.

External links

• Official website of the UK Department for Culture, Media and Sport on the Treasure Act 1996

This article incorporates text from the Encyclopædia Britannica Eleventh Edition article "Treasure trove" by F. The Encyclopædia Britannica Eleventh Edition (1910–1911 is a 29-volume reference work that marked the beginning of the Encyclopædia Britannica W. A. , a publication now in the public domain. The public domain is a range of abstract materials &ndash commonly referred to as Intellectual property &ndash which are not owned or controlled by anyone