The New International Encyclopædia/Treasure-trove

TREASURE-TROVE (treasure, from OF. tresor, Fr. trésor, It., Sp. tesoro, from Lat. thesaurus, from Gk. θησαυρός, treasure, treasure-chest, storehouse, from τιθέναι, tithenai, to put, place + trove, from OF. trover, trouver, Fr. trouver, to find). In the common law of England, hidden treasure of gold, silver, and bullion accidentally found in the earth, the owner of which cannot be ascertained. Treasure-trove belongs to the Crown, and in certain districts the right to claim it has been granted to the nobility. In order to come within this rule, the treasure must be concealed, as distinguished from that which is casually lost and remains on the surface, as to which a different rule applies. A finder of treasure-trove is bound by law to give notice of his discovery to the proper officials of the Crown, and his failure to do so may subject him to fine and imprisonment. However, the present policy of the English Government is to allow a finder to keep treasure thus discovered, less a small percentage of its value to be paid to the Crown, unless it is of some value as an object of historical or antiquarian interest, in which cases it is claimed by the Crown in order to be preserved in the national museums. By the Treasure-Trove Act of India the finder may keep it if no owner is found, in which ease the latter is entitled to three-quarters and the finder to one-quarter of its value.

Although there are some dicta to the effect that the common law as to treasure-trove applies in the United States, the right is seldom, if ever, enforced, if it exists. See Finding.