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Another British Hoard Found

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Amazing example of beginners luck YAHOO. Took the government 2 years to decide and clean..wow..and we thought our bureauratz were slow. Wonder what the kid received?John

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7 hours ago, Morlock said:

That law doesn't apply to Scotland where this treasure was found.



The Treasure Act 1996 does not apply in Scotland.[71] Treasure trove in Scotland is dealt with under the common law of Scotland. The general rule that governs bona vacantia("vacant goods") – that is, objects that are lost, forgotten or abandoned – is quod nullius est fit domini regis ("that which belongs to nobody becomes our Lord the King's [or Queen's]"),[72][73] and the law of treasure trove is a specialized application of that rule.[74] As in England, the Crown in Scotland has a prerogative right to treasure trove[75] for it is one of the regalia minora ("minor things of the King"),[76] that is, property rights which the Crown may exercise as it pleases and which it may alienate (transfer to another party).[77]

To qualify as treasure trove, an object must be precious, it must be hidden, and there must be no proof of its property or reasonable presumption of its former ownership. Unlike under English common law, treasure is not restricted to only gold and silver objects.[78] In 1888 a prehistoric jet necklace and some other articles found in Forfarshire were claimed by the authorities though they were neither gold nor silver. A compromise was eventually reached, and the find was deposited in the National Museum of Scotland.[14] In July 1958, a porpoise bone was found together with 28 other objects of silver alloy (12 brooches, seven bowls, a hanging bowl and other small metal work) underneath a stone slab marked with a cross on the floor of St. Ninian's Church on St. Ninian's Isle in Shetland. The objects were dated to about 800 A.D. A dispute having arisen over ownership of the objects between the Crown on the one hand, and the finder (the University of Aberdeen, which had carried out the archaeological excavation) and the landowner on the other, in Lord Advocate v. University of Aberdeen (1963) the Court of Session held that the bone should be regarded as treasure trove together with the silver objects.[79] Further, the requirement that an object must be "hidden" means no more than that it must be concealed; it refers to the condition in which the object was found and does not refer back to the intention which the owner of the object may have had in hiding it.[80] Finally, the requirement that there must be no reasonable presumption of former ownership means that it must not be possible to trace the ownership of the object to a person or family currently existing.[81] Even if an object does not qualify as treasure trove, it may be claimed by the Crown as bona vacantia.[82]

The Queen's and Lord Treasurer's Remembrancer (QLTR), an office held by the Crown Agent who is the senior officer of the Crown Office in Scotland, is responsible for claiming bona vacantia on behalf of the Crown in Scotland.[72] Finders of items are required to report such finds to the Crown Office or to the Treasure Trove Unit (TTU) at the National Museums of Scotland in Edinburgh. Each find is assessed by the Scottish Archaeological Finds Allocation Panel, which decides if the find is of national importance. If it is, the matter is referred by the TTU to the QLTR department at the Crown Office, which will inform the finder that it has accepted the Panel's recommendation to claim the objects in the find as treasure trove or bona vacantia.[83]

The Panel also recommends to the QLTR a reward for the find based on its current market value where appropriate, and the most appropriate museum in Scotland to allocate it to. The TTU then contacts all museums which have bid for finds to advise them of the Panel's recommendations. The museums have 14 days in which to accept or reject the proposed allocation and reward for the find. If the QLTR accepts the Panel's recommendations, it will notify the finder of the amount of any reward being paid and the museum that the find has been allocated to. The QLTR also asks the museum to pay the finder's reward.[83]

While a Treasury order of 1886 made provision for the preservation of suitable objects in various national museums and payment of rewards to their finders,[14] the Crown is under no legal obligation to offer any rewards for treasure trove objects it has claimed. However, it usually does so, using the objects' market price as a guide. A reward may be withheld or reduced if the finder has inappropriately handled an object, for instance, damaged it by cleaning it or applying waxes and varnishes to it.[84] Finders may elect to waive their rewards. Rewards are not paid for finds occurring during organized fieldwork


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