Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-03-15
TREASURE TROvE.
The Conditions Under Which 1t Belongs
to Finders.

The Conditions Under Which It Belongs
to Finders.
Not long ago the Daily Chronicle
contained an interesting account Of a
rare event, the holding Of a coron-
ers inquest, not supervisum corporis,
but upon gold ornament produced
for inspection. 1t was a torque, or
collar. that had once encircled the
neck of some ancient Briton. He
must have dropped 1t during a stroll
taken somewhere about the time
not to be particular to week or two
when NebuchadnezZer was entering
upon the conquest Of Egypt; and a
twentieth century plough turned it
| up in the red earth. The Archaelo-
gical society of Somerset claimed it
after purchase from the finder
coroner's jury sat upon it and the
jurys findings apparently burked, or
left undecided, the question whether
the ancient Briton torque treasure
trove or not. But a good deal hangs
on that point, for the property of
treasure trove vests in the Grown
only.
Two interesting questions imme-
diately arise. First, what is treasure
trove? And, secondly, what has a
coroner's inquest to do with treas
ure trove anyway? Now, 1t so hap
pens that 1 am able to throw an au-
thentic light upon both questions. I
hasten, however, to disclaim any
measure of erudition whatever on
that account. My knowledge on the
subject is, in fact, second hand.
Looking around for a little light
reading suitable for a convalescent,
reached out a languid hand for a
blue book and picked up publica-
ton entitled First Report of the
| Department Committee Appointed to
Inquire Into the Law Relating to
Coroners and Coroners' 1nquests."
And amid much interesting reading
matter concerning anaeSthetic, sud-
den deaths, postmortems, inquests,
deodands and the law of burials, l
found imbedded, as the Somersetshire
laborer found the torque, nugget
of information concerning the func-
| ton of coroner'S quest in relation to
treasure trove.
First of all, what is treasure trove
as distinct from, say, half sovereign
found in the street? To begin with,
| it must be, whether coin or not, gold
or silver-radium or bank notes
would not count. Be we must go to
Coke's institutes for the definition
judicially accepted: Treasure trove
is when any gold or silver, in coin,
plate or bullion, hath been of ancient
time hidden, whatsoever it be found,
whereof no person can prove any
property 1t doth belong to the king
WE'LL the torque found by the laborer
| is in the possession of the Somerset
county museum authorities, and they
determined "to resist to the utter
most all attempts to deprive them
of such a valuable relic" By all
means. But they could only do that
successfully by proving the valuable
relic not to be treasure trove. Still,
the very first witness called by the
departmental committee on coroners
an expert lawyer who reeled on
medieval English statutes by heart
supports the museums claim by
the distinction he made between what
lis deliberately hidden and what is
casually lost; IF the treasure was not
concealed by the owner, but merely
lost, it is not treasure trove, and be-
longs to the first finder as against
any one but the owner.
But if the owner is really unknown,
finding is keeping" And as the
jury's verdict Gn declaring that the
ancient original British owner OF the
torque cannot be named at this time
of day. is hardly likely to be ira
versed, the museum in purchasing
It from the finder would seem to
have secured another point in favor
of a good title to it's possession.
Next, as to how coroners come to
have anything to do with treasure
ltrove. In Norman and Plantagenet
times a coroner was sort Of utility
lman-a Crowns oflicer-and his du-
ties were many and varied. Among
them was that of keeping his eye on
any kind of citizen who suddenly
Iblossomed into wealth. and began, as
they say III Lancashire, "spattllne
his brass"-the presumption being, OF
lcourse, that he had come upon treas
ure trove. And the syllogism on
(which the coroner acted was: "This
man has been spending lot of mon
lev. He had no money before. Ergo
lhe must have found treasure. Any
how. We'll try him for it, And as
Ito find treasure, and keep 1t dark,