New-York tribune., 1911-01-01
By Raymond S. Spears

taking possession of such a forgotten hoard
is one of the greatest delights known to the
greed of mankind. The Joy of the lind IS
sometimes open for all the world to see, ana
sometimes it is secreted and the tact OF
treasure trove is never known outside the
immediate family of the lucky man.
There are reasons in law why people DO
not tell of their luck. If the world hears that
man has made a find of buried treasure,
some claimant is likely to bob up and all the
luck 90 into satisfaction of attorneys. 1T Is
possible to get up very pretty lawsuit over oN,
find of coin or other thing OF value Inc
fact is. finding is not keeping. Keeping OF
find may be, in fact, larceny. lhuS, II
some one discovers the hoard OF miSei
hidden under a stone or in tree stump, ana
confscates the silver and gold, the miser' as
nroSecutinp witness, may send the flnder 10
prison for larceny. So too, t the mlser Is
dead and his next of kin are known 10 the
finder. -
In England the one who unearths pot OF
coin IS not only not entitled to his ilnd, Du'
he must turn it over to the crown, or else ne
Is guilty Of crime Although there have been
ages of hiding of treasure in England the
discovery of pots of gold is not reported WIN
great frequency, although it may be sup
nosed q number are discovered yearly. from
time to time, however, when treasure troVe
annears the finders have falling out ana
90 to court. Neither the finder nor the
owner of the soil where it is found can MAIN
tain possession against the crown OF England
the crowns right to the find beng absolute;
However finders have commonly received
reward. OF course the owner, or, II ne IS dedd'
the owners representative, has claim Supe-
rior to finder, soil owner, and crown.
In the United States, however, the hnder 5
claim is usually superior to that OF al
Others. except the owners or the owner
representatives. Yet there are exceptions
| The Cheeseborough Case
THE appellate division Of the7New York
Supreme Court has held that personal
nroDerty buried in the ground and forgotten
| bv the owner if living, and lost to the heirs
| i the hider is dead belongs not to the Under
but 10 the owners of the land as 1t passes
from owner to owner. The courts ruling IS
as follows: .-...
"If personal property is deposited beneath
the surface of the soil and 50 lett until the
place where it is so deposited IS forgotten
and the owner thereof if living, or his per-
sonal representatives, if he IS dead, cannot
be found. such personal property so IN
possession of the owner of the soil becomes,
as part of the soil, the property OF the
owner of the real property, and such per-
sonal property passes by gift, sale. ee$Gent'
Of said real estate as a part thereof. When
it is discovered and removed from the soil
as against everyone but the owner, It be-
comes the personal property OF the Under
thereof"
This holding was at the end OF litigation
over a set Of dishes which were plowcd up
on the Burdick farm, near West Edmeston,
in the spring of 1904. Marion Cheesebor-
ough. the farm tenant, was following his
plow one day, when the point went into a
cache of chinaware. He opened up the hid
ing places and found siXty-eight perfect
pieces, and twenty-nine pieces were broken
by the plow.
CheeSeborough Immediately told OF his
find and as the china and glass were OF rare
and beautiful design the rnbroken pieces
were worth several thousand dollars. The
story of the dishes was learned in due course.
Originally the land belonged to Lord Ed
mcston, and his representative was Perclter
Carr. Carr in Revolutionary times, found
himself menaced by warriors; 50 he buried
his valuables. There was hoard of gold
amounting to ten thousand dollars, as yet
undiscovered so far as known. and the