Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
XIII. TO the same original may in part be referred the revenue of
treasure-trove (derived from the French word, _trover_, to find)
called in Latin _thesaurus inventus_, which is where any money or
coin, gold, silver, plate, or bullion, is found hidden _in_ the earth,
or other private place, the owner thereof being unknown; in which case
the treasure belongs to the king: but if he that hid it be known, or
afterwards found out, the owner and not the king is entitled to it[u].
Also if it be found in the sea, or _upon_ the earth, it doth not
belong to the king, but the finder, if no owner appears[w]. So that it
seems it is the _hiding_, not the _abandoning_ of it, that gives the
king a property: Bracton[x] defining it, in the words of the
civilians, to be "_vetus depositio pecuniae_." 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 the king, in 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.
[Footnote u: 3 Inst. 132. Dalt. Sheriffs. c. 16.]
[Footnote w: Britt. c. 17. Finch. L. 177.]
[Footnote x: _l._ 3. _c._ 3. Sec. 4.]
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