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A treasure trove is an amount of gold, silver, gemstones, money, jewellery, or any valuable collection found ("trouve" in French)Chisholm, Hugh (ed.) (1910–1911). The Encyclopædia Britannica, 11th ed., Cambridge: Cambridge University Press. 29 vols. hidden underground or in cellars or attics, etc., where the treasure seems old enough for it to be presumed that the true owner is dead and the heirs undiscoverable.
Both the legal definition of treasure trove and its treatment under law varies considerably from country to country.
The term is also often used metaphorically. 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.
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In Roman law treasure trove was called thesaurus ("treasure" in Latin), and defined as vetus depositio pecuniae (an old deposit of money) found accidentally. Under the emperors, half went to the finder and half to the owner of the land, who might be the emperor, the fiscus (public treasury), or some other proprietor. 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.
Nova Scotia has a Treasure Trove Act.Treasure Trove Act, R.S., c. 477.
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In England for centuries the right to treasure trove was in the Crown, who could grant it out as a franchise. It was the duty of the finder, and indeed of any one who acquired knowledge, to report the matter to the coroner, who had to forthwith hold an inquest to determine whether or not the discovery was treasure trove. This depended partly on whether the property was gold or silver, and whether it had merely been lost (for instance, dropped on an ancient battlefield) or buried intentionally. In the former case, the finder was able to retain the property; in the latter, the property was bona vacantia ("vacant goods") and belonged to the Crown. Although the taking of the find was not larceny until the inquest was held, concealment of the find was an indictable offence and held to be "akin both to treason and to larceny". In the statute De Officio Coronatoris (Office of Coroner Act) 1276,4 Edw. I, c. 2. the coroner was enjoined to inquire as to treasure trove both as to finders and suspected finders, "and that may be well perceived where one liveth riotously and have done so of long time". The Coroners Act 188750 & 51 Vict., c. 71. continued this power conferred on coroners. Since 1996, the ownership of such finds is determined by the Treasure Act 1996.1996 c. 24.
Throughout the UK, farmers, archaeologists and amateur treasure hunters occasionally unearth important treasures of immense scientific and financial value, such as the Sutton Hoo Treasure.
Goods found at sea are not treasure trove. All goods found in English waters are to be returned to the Receiver of Wreck, a government official who determines ownership. In most of the cases, the found goods remain with the finder.
Prior to 1996, the law in Scotland was the same as that in England and Wales, although concealment of a find was not a criminal offence. It was the duty of the King\'s (or Queen\'s) and Lord Treasurer\'s Remembrancer, with the aid of the local procurator fiscal, to secure any find for the Crown.
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. The matter was finally compromised by the deposit of the find in the National Museum of Scotland. By a treasury order of 1886 provision was made for the preservation of suitable articles so found in the various national museums and payment to the finders of sums in respect of the same. Also if the items were not required for this purpose they were to be returned to the finder.
In the United States the common law, following English precedent, would seem to give treasure trove to the public treasury, but in practice the finder has been allowed to keep it. In Louisiana French codes have been followed, so that one-half goes to finder and one-half to owner of land.
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Look up treasure trove in Wiktionary, the free dictionary.
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