HIDDEN TREASURE.

Auckland Star, Volume LVIII, Issue 25, 31 January 1927, Page 6

HIDDEN TREASURE.

| The news by cable that a coroner's inquest! has been held as to certain gold coins and trinkets found while making a railway excavation | i is the reminder that the very ancient law touch- I ing treasure trove, or treasure found, is still in ! force in England. The coroner's iurisdiction' dates from the reign of Edward 1., who did so | much to systematise the laws of his kingdom. j The thirteenth century saw a great revival of' Roman law, which provided with regard to treasure trove that if found on his own property it! was his if on the land of another it was shared I equally with the owner. The masterful Edward | was probably advised by the learned jurists of his! Court that the good laws of his namesake the j Confessor gave such treasure to the Crown, and he! had the matter put in proper order by a statute' under which the Coroner's inquest should decide, whether the goods came within the category. ; The Crown s right only extends to monev, coin, gold, silver, plate, or bullion found hidden in the | earth or other private place. It will be observed that this Crown right is an exception to the pene- 1 ral rule that the finder of property whose owner! cannot be discovered is entitled to keep it. But' the is intended to decide whether the ! are, in fact, exceptional and really treasure trove.' a question involving some rather nice distinctions.' For example, the treasure must have been hidden,! not merely lost, and must have been found in and not upon the earth. However, should the jury find | the property to be treasure trove it belongs to the ; Crown. This would be a busy jurisdiction at one time, when the concealment of such a discoverv' was a capital offence. ' ;

During the constant conflicts between the tur-! bulent barons of the thirteenth century, when j private war made the strongest fortress o*f doubt-; ful safety, it was a common practice to hide I valuables underground to be dug up aizain by j survivors, if any there were, who could trace the ; locality. Failing this, the Crown became owner.> Xo doubt the original reason was good. The Crown' could most peacefully determine the riqhts of, claimant and as the fountain of justice and ; mercy might even waive its prerogative. If no subject was entitled, the valuables were passed on! to an everyday exchequer. In modern practice the Crown, if it desires to | retain the property, as in the case of historic relics.' pays the finder in part, and in other cases only claims a percentage, which cannot be regarded as a. heavy tax by the lucky excavator. j