"There again we are in a difficulty. You see, my dear fellow, no one
exactly knows how we stand in this matter. The law of Treasure Trove,
as we call it in this country, is in a most chaotic state. I have been
looking it up since I undertook this quest; and I am rather surprised
that in all the years that have elapsed since our practical law-making
began, nothing has been done to put such matters on an exact basis. The
law, such as it is, seems to rest on Royal Prerogative; but what the
base of that prerogative is, no one seems exactly to know. And besides,
in the various constitutional changes, and the customs of different
dynasties, there are, or certainly there may be, barriers to the
assertion of any Crown right--certainly to the fulfillment of such!" He
seemed staggered. He had manifestly never regarded the matter as other
than the recovery of property entrusted to him through his ancestors. I
took advantage of his mental disturbance; and as I myself wanted time to
think, so that I might fix on some course of action which would suit
Marjory's wishes as well as my own, I began to tell him the impression
left on my mind by such study of the subject of Treasure Trove as I had
been able to achieve. I quoted now and again from notes made in my
pocket book.
"The Scotch law is much the same as the English; and as we are in
Scotland, we are of course governed by the former. The great point of
difference, seen with the eyes of a finder, is that in Scotland the
fraudulent concealment of Treasure Trove is not a criminal offence, as
it is in England. Thus, from my point of view, I have nothing to fear
as to results; for though by the General Police Act the finder is bound
to report the find to the Chief Constable, the statute only applies to
things found on roads or in public places. So far as this treasure is
concerned, it may turn out that it can, in a sense, be no treasure trove
at all."--
"According to Blackstone, treasure trove 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. If found _upon_ the
earth, or in the sea, it belongs, not to the Crown, but to the finder,
if no owner appears. It is the hiding, not the abandoning, which gives
the Crown the property."--
"Coin or bullion found at the bottom of a lake or in the bed of a river
is not treasure trove. It is not hidden in the earth."--
"The right of the Crown is ... limited to gold or silver, bullion or
coin. It extends to nothing else."...
When I had got thus far the Spaniard interrupted me:
"But sir, in all these that you say, the rights of the owner seem to be
recognised even in your law."
Public-domain text, read in full here on John Shaqi.
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